Barnett

People v. Barnett

Good Law
113 Cal. App. 3d 563·170 Cal. Rptr. 255·1980 Cal. App. LEXIS 2572
Court of Appeal of CaliforniaDecember 19, 1980Crim. 19222California4,736 words

Opinion

Opinion

Taylor, J.

Defendant appeals from a judgment entered on a jury verdict finding her guilty of grand theft (Pen. Code, § 487, subd. 1) and burglary (Pen. Code, § 459) as charged. She contends that: 1) she was deprived of her federal and state substantive due process rights because she was forced to stand trial after her codefendant rejected the “package deal” plea bargain offer conditioned on the acceptance of the bargain by both; 2) the booking search of her purse was unreasonable; 3) her statements prior to booking were erroneously admitted; and 4) her unduly harsh sentence violated the principles of In re Lewallen (1979) 23 Cal.3d 274 [ 152 Cal.Rptr. 528 , 590 P.2d 383 ]. For the reasons set forth below, we have concluded that there is no merit to any of these contentions and that the judgment must be affirmed.

As there are no contentions concerning the sufficiency of the evidence and defendant concedes her participation in the events, a precis of the facts of the offenses will suffice. Additional facts will be set forth in our discussion of defendant’s contentions on appeal.

About noon on April 25, 1978, defendant and her two coperpetrators, Jackson and Howard, entered a San…

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