Stokes

People v. Stokes

Good Law
1990 Cal. App. LEXIS 1096·224 Cal. App. 3d 715·273 Cal. Rptr. 752
Court of Appeal of CaliforniaOctober 12, 1990A047635California2,527 words

Opinion

Opinion

Strankman, J.

Appellant David Stokes was convicted by a jury of first degree burglary. (Pen. Code, § 459.) He also admitted two prior serious felony convictions. (§§ 459, 667.) The issue in this appeal is whether the trial court erred denying appellant’s section 1538.5 motion to suppress evidence. We conclude that the motion was properly denied, and affirm the judgment.

Factual and Procedural Background

a. The Section 1538.5 Hearing

The evidence at the section 1538.5 hearing was as follows. At about 2:45 p.m. on April 25, 1989, Hayward Police Officer Robert Coffey and his partner, Officer Fred Rose, were patrolling in an unmarked car in Spanish Ranch One, a Hayward mobilehome park. The park was occupied primarily by retired senior citizens, and was surrounded by an eight-foot stone fence, with one entrance and one exit.

Officer Coffey saw appellant standing in the middle of a street which was about three streets into the complex. Appellant was walking to the intersection. Under his arm he was carrying a rectangular object, about two feet by three feet, which was covered by a purple afghan. When appellant got to the intersection, he looked around and appeared to be anxious. He…

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