Ford

Petitioner Royce Ford, Jr., is charged with the murder of April Matlock. (Pen. Code, § 187.) The information alleges that petitioner personally used a deadly weapon (Pen. Code, § 12022, subd. (b)) and inflicted great bodily injury (Pen. Code, § 1203.075) in committing the offense, and that he had previously been convicted of welfare fraud (Welf. & Inst. Code, § 10980, subd. (c)(2)).

Petitioner gave a taped statement to the police confessing to the murder. He moved to suppress the confession on the ground that it was the fruit of an illegal arrest, and to suppress physical evidence obtained as a result of the arrest. (Pen. Code, § 1538.5.) The motion was denied.

Petitioner has filed a petition for a writ of mandate and/or prohibition directing that the motion to suppress be granted, and that the information be dismissed. We have issued an order to show cause as to the ruling on the suppression motion, along with a stay of proceedings in the case, and have heard oral argument on the matter. We conclude that suppression of the evidence is not required, and therefore deny the petition for writ of mandate and/or prohibition.

I.

Petitioner called 911 in Oakland at 3:23 p.m.…