Monson

People v. Monson

Good Law
105 Cal. Rptr. 92·1972 Cal. App. LEXIS 810·28 Cal. App. 3d 935
Court of Appeal of CaliforniaNovember 22, 1972Crim 21803California1,610 words

Opinion

Opinion

Cobey, J.

Harry Randall (“Doc”) Monson appeals from a judgment of conviction of receiving stolen property (Pen. Code, § 496) entered, upon his plea of nolo contendere, following the denial of his motion to suppress evidence made pursuant to Penal Code section 1538.5. The certificate of probable cause, required by Penal Code section 1237.5, has been filed. The appeal lies (Pen. Code, §§ 1237, subd. 1, 1538.5, subd. (m)), but is without merit.

Appellant advances the following grounds for reversal. First, he contends that there was no probable cause for his warrantless arrest, since it was based upon “search and seizure and investigation” which themselves lacked probable cause. Second, he argues that the Los Angeles City police were without jurisdiction to arrest him. in Burbank. Third, he claims that the trial judge prejudged his motion pursuant to Penal Code section 1538.5 before all the evidence was adduced and the matter was submitted.

Facts

Viewing the record in the light most favorable to the People, as we are bound to do (see People v. Reilly, 3 Cal.3d 421, 424-425 [ 90 Cal.Rptr. 417 , 475 P.2d 649 ]), we proceed to set forth the pertinent facts, which are undisputed.

On…

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