Loudermilk

Defendant Peter Lynn Loudermilk pleaded no contest to charges of assault with a firearm (Pen. Code, § 245, subd. (a)(2)) and to a Penal Code section 12022.7 allegation (inflicting great bodily injury with intent to inflict such injury). Prior to his plea, defendant made a motion to suppress (Pen. Code, § 1538.5), which was denied. He appeals from the judgment, challenging the denial of his suppression motion (Pen. Code, § 1538.5, subd. (m)). We affirm.

Benjamin Bill was sleeping in a tree grove near a highway ramp. He was awakened around 3 a.m. by what sounded like three firecrackers. Bill had been shot below the right earlobe and the bullet exited at the right base of his chin.

When the officers arrived on the scene, they obtained from Joey Lightfoot a description of the man who had fired the shots. Lightfoot described a White male, approximately five feet, eight inches tall, average build, wearing a long-sleeve shirt and dark pants, and carrying a .22 caliber pistol. Lightfoot also stated that he saw the individual run east along Dry Creek Road toward Healdsburg. The police broadcasted the description.

Deputy Sheriffs Sanford Geaslin and Bob Haran responded to the…