Conway

Opinion .

Defendant Wayne Conway was convicted by jury of first degree burglary (Pen. Code, § 459). The trial court found true the allegations that he had been convicted previously of two serious felonies (Pen. Code, § 667, subd. (a)) and had served prison terms for five felony convictions (Pen. Code, § 667.5, subd. (b)). Defendant was sentenced to a prison term of 21 years for the burglary and enhancements.

In the published portion of this opinion, we reject defendant’s claim that his detention “was predicated upon nothing more than a ‘hunch’ ” and, thus, the trial court should have granted his motion to suppress evidence as the product of an illegal detention. As we shall explain, the circumstances presented to the patrol officer responding to the report of a burglary in progress justified a vehicle stop and detention of defendant and his companion for the purpose of investigating their possible involvement in the burglary.

In the unpublished part of our opinion, we disagree with defendant’s contention that the trial court erred in imposing a $4,200 restitution fine. Accordingly, we shall affirm the judgment.

Discussion

I

David McBride lives on Sawtelle Way in Sacramento…