Juarez

This appeal from a judgment of conviction of possession of secobarbital entered on a plea of guilty, following the denial of a motion to suppress evidence pursuant to Penal Code section 1538.5, raises the issue of propriety of police conduct in temporarily detaining appellant for investigation and in initiating a cursory frisk for weapons. We conclude that implied findings of the trial court sustaining the validity of the detention and frisk are supported by substantial evidence and that therefore the judgment must be affirmed.

On October 15, 1972, Sergeant John Georgino of the Monterey Park Police Department was on patrol in a marked police car. He was alone in the vehicle. At 2:35 p.m., he received notice on the police radio that a burglary had occurred in the 2000 block of Atlantic Boulevard in which the loot was cash and a watch. Georgino proceeded to the general area to investigate for suspects. At 2:45 p.m., he saw appellant walking westbound on Floral Boulevard near Findlay approximately five blocks from the scene of the burglary. Appellant twice looked over his shoulder at the police car. He was wearing a short-sleeved shirt and dark pants, had a jacket slung…