Allen

Appellant, Leonard Allen, appeals from a judgment entered upon a jury verdict finding him guilty of receiving stolen property (Pen. Code, § 496). The trial court denied a pretrial motion to suppress.

The central issue to be decided is whether the police officer had probable cause to arrest appellant for violating Penal Code section 148; which in relevant part provides that “[e]very person who wilfully resists, delays, or obstructs any public officer, in the discharge or attempt to discharge any duty of his office,...” is guilty of a misdemeanor. (Italics added.) We hold that he did have probable cause and affirm.

Facts

Officer Barron, the only witness who testified on this issue, stated that on October 2, 1977, he and Officer Morrill were on patrol in a marked police vehicle. At approximately 1 p.m., while Officer Barron was driving, he observed a group of 10 to 15 people standing around the trunk of a vehicle. The trunk lid of the car was open. Appellant was on one side of the vehicle with his hand on the trunk lid. The other individuals were facing him from the opposite side of the car looking into the trunk area.

Officer Barron could see into the trunk area. There…