Chestnut

Following denial of his motion to suppress evidence (Pen. Code, § 1538.5), defendant entered a negotiated plea of guilty to the charge he was an ex-felon in possession of a gun (Pen. Code, § 12021). He appealed, contending the trial court erred in denying his suppression motion. We previously disagreed and in a published opinion filed January 20, 1983, affirmed the judgment. Subsequently, the Supreme Court granted a hearing and retransferred the cause to this court for reconsideration in light of the decision in People v. Carney (1983) 34 Cal.3d 597 [ 194 Cal.Rptr. 500 , 668 P.2d 807 ],

We have considered the rationale and conclusion of Carney and find that decision to be factually inapplicable to the circumstances of this case and again conclude that the vehicle search was proper.

At approximately 3:20 a.m. one morning Sacramento Police Officers Peters and Olsen, while on patrol in an area where a number of recent car burglaries had taken place, saw a Ford van parked facing the wrong way. Officer Peters approached the passenger door and saw an individual (later identified as Ross Wardlaw) sitting in the passenger seat. When the officer shined his flashlight into the…