Gorak
People v. Gorak
Opinion
Opinion
White, J.
—Defendant and appellant Christopher Allen Gorak appeals from the judgment of the Superior Court of Sonoma County entered after he entered a plea of nolo contendere to the charge of receiving stolen property (Pen. Code, § 496) and the charge of burglary (Pen. Code, § 459) was dismissed on the motion of the district attorney. Appellant’s sole contention on appeal is that the trial court erred in denying his motion to suppress evidence (an air compressor) pursuant to Penal Code section 1538.5. Appellant contends on appeal that the seizure of the air compressor cannot be justified as an inventory or caretaking function; the seizure of the air compressor was the fruit of an illegal detention and arrest; and the theory of inevitable discovery is not applicable to the instant case.
In order to address appellant’s contention that his motion to suppress was improperly denied it is necessary to set out the evidence that was introduced at the Penal Code section 1538.5 hearing. Deputy Sheriff Kevin Young testified that on August 17, 1986, at approximately 12:40 a.m., he made a traffic stop of a vehicle with no license plate lights in violation of Vehicle Code section 24601.…