Suennen

People v. Suennen

Good Law
114 Cal. App. 3d 192·170 Cal. Rptr. 677·1980 Cal. App. LEXIS 2629
Court of Appeal of CaliforniaDecember 31, 1980Crim. No. 20129California4,005 words

Opinion

Lead Opinion

Newsom, J.

Appellant Leo Suennan entered pleas of guilty to charges of burglary (Pen. Code, § 459), receiving stolen property (Pen. *197 Code, § 496), and possession of a firearm by a felon (Pen. Code, § 12021), and admitted three prior felony convictions. He appeals from the judgments of convictions entered on those guilty pleas. The sole argument presented by appellant is that the trial court improperly denied his pretrial motion to suppress.

The following facts are pertinent to the search and seizure issues raised on appeal: On the evening of February 26, 1979, Officer Jerry Hummel of the Concord Police Department observed that a 1970 Pontiac Bonneville approaching a stop sign appeared to be modified below rim height in violation of Vehicle Code section 24008. For that reason, the officer made a traffic stop of the vehicle at 7:54 p.m. The vehicle did not delay in responding to the officer’s red light; no furtive movements on the part of either driver or the passenger were observed.

Officer Hummel approached the automobile and asked the driver, appellant, for his license and registration; codefendant Ronald Hohstadt was sitting in the front passenger seat on the right side.…

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