Keogh

People v. Keogh

Good Law
120 Cal. Rptr. 817·1975 Cal. App. LEXIS 1820·46 Cal. App. 3d 919
Court of Appeal of CaliforniaApril 8, 1975Crim. 24253California4,621 words

Opinion

Opinion

Jefferson, J.

By information defendant Keogh was charged with burglary in violation of Penal Code section 459. He was then charged in a second information with four counts of forgery in violation of Penal Code section 470. The two informations were consolidated for trial, the burglary count as count I, and the four forgery counts as counts II, III, IV and V. The consolidated information was subsequently amended to add, as count VI, the crime of receiving stolen property in violation of Penal Code section 496.

Defendant entered a “not guilty” plea to all counts. His motion to dismiss (Pen. Code, § 995) was heard and denied. His motion to suppress evidence (Pen. Code, § 1538.5) was heard and denied, reopened, granted in part and denied in part.

Pursuant to a plea bargain, defendant withdrew his “not guilty” pleas to counts II and VI. He pled guilty to those counts, but moved to set aside the guilty pleas. The motion was granted. Trial was by jury. Defendant was found not guilty of burglary as charged in count I; guilty of forgery, as charged in counts II through V and guilty of receiving stolen property as charged in count VI. Defendant’s motion for a new trial was denied, as was…

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