Wheeler

People v. Wheeler

Good Law
105 Cal. Rptr. 56·1972 Cal. App. LEXIS 819·28 Cal. App. 3d 1065
Court of Appeal of CaliforniaNovember 28, 1972Crim. 21601California1,273 words

Opinion

Opinion

Herndon, J.

Appellant pleaded guilty as charged to second degree burglary. He appeals from the judgment pursuant to Penal Code section 1538.5, subdivision (m), contending that his motion to suppress evidence was erroneously denied. We find no merit in this contention.

Summary of the Evidence

At about 9 p.m. on April 7, 1971, Officers Stone and Smith responded to a report of a burglary which had been committed about two hours earlier on that evening. Robert Miller, the victim of the burglary, informed the officers that his home had been broken into and that a stereo cabinet, television set, Bulova wristwatch and various items of clothing had been taken.

After interviewing the victim, Officer Stone went across the street to a residence where he talked with two boys, Karl and Philip Cole, ages 12 and 9, respectively. Karl told the officers that at about 7 p.m. that same evening he had observed a person known, to him only as “Weasel” knocking on the front door of the Miller residence. While knocking on the door, Weasel continuously looked over his shoulder and appeared to be nervous. Weasel, described as a Negro, about 5'8" in height, and of medium build, was identified as James…

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