Robinson

Following a jury trial, appellant Raymond E. Robinson was convicted of one count of receiving stolen property. (Pen. Code, § 496, subd. 1.) The court found allegations of two prior prison terms to be true. (Id., § 667.5, subd. (b).) Appellant was sentenced to five years in state prison.

On appeal, Robinson contends that (1) paint samples scraped from his car were illegally seized without probable cause; (2) his Miranda (Miranda v. Arizona (1966) 384 U.S. 436 [ 16 L.Ed. 694 , 86 S.Ct. 1602 , 10 A.L.R.3d 974 ]) rights were violated; and (3) the information filed against him failed to give fair notice of the charge against him. Both in his appeal (No. A040338) and in a separate petition for writ of habeas corpus (No. A042925), he contends that the failure of his trial attorney to make a motion suppressing the paint scrape evidence constituted ineffective assistance of counsel.

*1050 I. Facts

On the afternoon of Wednesday, March 18, 1987, 16-year-old Cheryl Benoit parked her silver-gray 1976 Toyota Célica outside her family’s home in Concord. The next morning, the car was missing.

On Saturday morning, March 21, police called to inform the Benoits that their car had been…