People v. Clark

Counts I and II of the information charged defendant and three others with having committed armed robberies (Pen. Code, § 211) of defendant’s uncle, Paul W. Jordan, and a C. Wayne Milam, and count III charged them with having kidnaped the two robbery victims for purposes of robbery (Pen. Code, § 209). To these charges, defendant pleaded “not guilty.” He then made: (1) a statutory pretrial motion under section 1538.5 of the Penal Code to suppress evidence allegedly obtained by an illegal search and seizure, and (2) a “common law” pretrial motion to suppress a confession allegedly obtained in violation of Miranda v. Arizona (1966) 384 U.S. 436 [ 16 L.Ed.2d 694 , 86 S.Ct. 1602 , 10 A.L.R.3d 974 ] (Saidi-Tabatabai v. Superior Court (1967) 253 Cal.App. 2d 257 [ 61 Cal.Rptr. 510 ]). Both motions were denied. When the case was called for trial, defendant changed his plea on count I to “guilty” of robbery in the second degree. Defendant was granted probation and counts II and III were dismissed “in the interests of justice.” He appeals from the judgment (order granting probation). (Pen. Code, § 1237, subd. 1.)

Trial defense counsel’s declaration filed under section 1237.5,…