Snyder

On October 18, 1991, the Kern County District Attorney filed an information charging appellant with a violation of Penal Code section 666, petty theft with a prior conviction. On December 16, 1991, the court denied appellant’s motion to suppress evidence of the article allegedly stolen. Appellant then entered a guilty plea. On January 14, 1992, the court imposed a sentence of two years in state prison.

Appellant’s sole contention on appeal is that the court erred by denying his motion to suppress evidence of the stolen article.

Facts

The following facts are drawn from the hearing on appellant’s motion to suppress. On September 22, 1991, Bakersfield City Police Officer David Chase went to a drugstore to investigate a complaint that a panhandling White male in his 40’s, wearing a yellow shirt with brown stripes, was causing a disturbance in front of the store. When Chase arrived at the store, the only person standing in front of it was appellant, who matched the description of the man.

While Officer Chase talked to appellant, he quickly noticed a large bulge in the front waistband of appellant’s trousers. For his own safety, Chase patted appellant down and felt the…