Bullwinkle

Appellants Lisa and Edward Bullwinkle were charged jointly and individually on a total of 15 counts of burglary, receiving stolen property, and writing checks with insufficient funds. (Pen. Code, §§ 459, 496, 476a.) Following denial of their motions under Penal Code sections 995 and 1538.5, Lisa pled guilty to four counts of receiving stolen property and was sentenced to state prison. Edward pled guilty to two counts of receiving stolen property and by jury trial was convicted of two additional counts of receiving stolen property and one count of burglary, and was sentenced to state prison.

The primary issue on both appeals is the legality of a search of Lisa’s purse after she was arrested for writing checks with insufficient funds, which search led to the obtaining of the evidence of stolen property involved in both appellants’ convictions. Edward separately raises issues as to his motion for new trial and his sentence.

The motion under Penal Code section 1538.5 was based on the transcript of the preliminary hearing and additional testimony. On appeal we must view the evidence at the preliminary hearing and section 1538.5 hearing in the light most favorable to the…