Tucker

Statement of the Case

Petitioner is charged by information with six counts of robbery (Pen. Code, § 211). It is also alleged that petitioner used a firearm during the commission of the offense (Pen. Code, §§ 12022.5 and 1203.06, subd. (a)(l)). Petitioner filed a pretrial motion to suppress evidence pursuant to Penal Code section 1538.5 and requested a hearing de novo. He thereafter filed a supplemental motion to suppress and a motion to dismiss pursuant to Penal Code section 995. The trial court denied petitioner’s motions. Petitioner filed this petition for writ of mandate/prohibition, and we stayed further proceedings in the trial court.

Statement of the Facts

At approximately 4:15 a.m. on January 18, 1978, Fresno Police Officer Julian Perea and his partner, Officer Morales, were on duty and eating breakfast at Sambos Restaurant on East Shaw Avenue in Fresno. Perea noticed petitioner sweeping behind the counter area. Perea recognized petitioner as being the robbery suspect depicted in a photograph he had been shown in a briefing about three days earlier. When shown the photograph Perea had told his sergeant that he had seen the suspect at least six times at the…