Finchum

The defendant, Gary Finchum, was charged with two counts of burglary (Pen. Code, § 459) and with three counts of receiving stolen property (Pen. Code, § 496). Finchum’s motion under Penal Code section 1538.5 was granted, and the cause was dismissed pursuant to section 1385 of the Penal Code. The People now appeal.

The facts adduced in connection with the section 1538.5 hearing were as follows: At approximately 1:50 a.m., on December 24, 1971, Deputy Sheriff Cacucciolo arrested the defendant and his companion, Bartholomew, for burglary. During the morning hours of December 24, 1971, Deputy Sheriff Armstrong talked with the defendant in an interview room of the Industry police substation, at which time Armstrong advised the defendant Finchum of his constitutional rights. Finchum stated that he understood them and that he wished to discuss the matter without an attorney. Finchum then denied all involvement in the commission of the crime for which he had been arrested. Sheriff Armstrong testified that he then placed Bartholomew in the interview room with the defendant, and that he “told him [the defendant] I had gotten two stories from each subject, and if I left them…