O'BRIEN

Defendants and appellants appeal from a judgment of the Marin County Superior Court, after jury verdict, convicting defendants of violation of section 459 of the Penal Code (burglary).

Issues Presented

1. The trial court did not err in denying appellant Steven O’Brien’s motion for discovery of the identity of the informant.

2. The use of an in camera hearing did not violate appellants’ constitutional and statutory rights.

3. The safe and pickup truck were not obtained as the result of illegal police conduct.

4. The trial court did not err in refusing to grant the motion for mistrial because of a witness’ reference to a lie detector test.

5. There was no abuse of discretion in permitting the jury during daylight hours to view the surveillance positions of certain officers.

6. There was no error in admitting in evidence posed photographs.

Record

Appellants Steven Joseph O’Brien and Timothy Mark O’Brien were charged by information with violation of section 459 of the Penal Code (burglary). Appellants’ motion for discovery and motions pursuant to Penal Code section 995 and 1538.5 were heard by the court and denied. The jury found both appellants guilty as charged.…