MacK

Defendants were jointly charged with burglaries of the Conklin and Whitney residences (Pen. Code, § 459, two counts) and with knowingly receiving property stolen therefrom as well as from a burglary of the King residence (Pen. Code, § 496, three counts). Davidson alone was charged with burglary of the King residence.

Prior to trial, defendants moved the superior court to suppress certain evidence (Pen. Code, § 1538.5). The motions were submitted upon the testimony taken at the preliminary hearing supplemented by additional evidence. The motions were denied.

Thereafter Mack pled guilty to one count of receiving stolen property (taken in the King burglary). The record discloses no disposition of the People’s motion to dismiss the remaining charges as to Mack, who was sentenced to state prison. His appeal is limited to the validity of the order denying the motion to suppress. (Pen. Code, § 1237.5; rule 31(d), Cal. Rules of Court.)

Davidson proceeded to trial. He was found guilty of the Conklin and Whitney burglaries (in the first and second degrees respectively) and one count of knowingly receiving stolen property (taken in the King burglary). He was acquitted of the…