People v. Superior Court (Torres), Cr. 28699

CourtCalifornia Court of Appeals
Writing for the CourtKAUS
Citation67 Cal.App.3d 620,136 Cal.Rptr. 779
PartiesPEOPLE of the State of California, Petitioner, v. SUPERIOR COURT of the State of California, IN AND FOR the COUNTY OF LOS ANGELES, Respondent; Luis Alonzo TORRES, Real Party in Interest. PEOPLE of the State of California, Plaintiff and Appellant, v. Pedro MAGALLON, Defendant and Respondent. Civ. 49080,
Docket NumberCr. 28699
Decision Date28 February 1977

Page 779

136 Cal.Rptr. 779
67 Cal.App.3d 620
PEOPLE of the State of California, Petitioner,
v.
SUPERIOR COURT of the State of California, IN AND FOR the COUNTY OF LOS ANGELES, Respondent;
Luis Alonzo TORRES, Real Party in Interest.
PEOPLE of the State of California, Plaintiff and Appellant,
v.
Pedro MAGALLON, Defendant and Respondent.
Civ. 49080, Cr. 28699.
Court of Appeal, Second District, Division 5, California.
Feb. 28, 1977.

[67 Cal.App.3d 622]

Page 780

John K. Van De Kamp, Dist. Atty. of Los Angeles County Donald J. Kaplan, Eugene D. Tavris and Sterling S. Suga, Deputy Dist. Attys., for plaintiff and appellant in 2d Civ. 49080 and 2d Crim. 28699.

Bernard F. Kemper, Los Angeles, for Luis Alonzo Torres, real party in interest in 2d Civ. 49080.

No appearance for respondent Court in 2d Civ. 49080.

Wilbur F. Littlefield, Public Defender of Los Angeles County, Harold E. Shabo, Michael Adelson and G. Keith Wisot, Deputy Public Defenders for Pedro Magallon, defendant and respondent in 2d Crim. No. 28699.

KAUS, Presiding Justice.

Torres and Magallon were charged as codefendants with two counts of robbery. (Pen.Code, § 211.) In case No. 28699 the People have appealed (Pen.Code, § 1238(a)) from the order granting Magallon's motion to dismiss (Pen.Code, § 995); in case No. 49080 they have petitioned for a writ of mandate (Pen.Code, § 1538.5(o)) to overturn the order granting Torres' motion to suppress evidence. The motion to suppress was submitted on the preliminary hearing transcript, thus the facts in both of the matters before us are identical, although the standards for reviewing the trial court's actions differ. (People v. Superior Court, 3 Cal.App.3d 476, 488, 83 Cal.Rptr. 771; People v. Reynolds, 276 Cal.App.2d 825, 84 Cal.Rptr. 331.)

Audrey Sheedy and Glenda Foster testified that they were walking together on 6th Street in Los Angeles at about 10:20 p.m., February 11, 1976, when their purses were snatched by two males of Latin descent. Both witnesses identified Torres as one of their assailants. They had previously identified him in a lineup the day after they were robbed. Neither could identify Magallon at the lineup or at the preliminary hearing. Sheedy identified People's Exhibit 1 as a photograph of the wallet she had had in her purse at the time of the robbery and People's Exhibit 2 as some rosary beads which were also in her purse when it was taken. Foster testified that the purse taken from her was depicted in People's Exhibit 3. She identified People's Exhibit 4 as a wallet which was in the purse at the time of the robbery.

[67 Cal.App.3d 623]

Page 781

Torres and Magallon were passengers in the rear seat of an automobile which was stopped by Beverly Hills police officers because it lacked rear license illumination. 1 Upon approaching the car, which contained a total of four male occupants, Officer Van Ausdelf observed a child's small wooden baseball bat on the front seat between two of the car's occupants. He saw a bicycle chain with a taped handle and a wire loop on the rear floorboard. The officer knew that such chains were used as weapons, the wire loop fitting over the user's wrist and the tape being affixed to prevent cutting the user's hand. There was also an iron bar about a foot long on the rear floorboard. When the driver was asked for his license he opened the car door. A regulation size baseball bat fell out of the car. Because of the variety of potential weapons available in the car, Van Ausdelf and his partner requested all of the occupants to get out, conducted a pat down search and asked them all for identification. The only one who had identification was the driver.

The officers observed a lady's wallet on the rear seat and asked if any of the occupants knew whose wallet it was. No one answered. Van Ausdelf then reached into the car and got the wallet (People's Exh. 4) to see if there was any identification inside. It contained an I.D. card with a woman's picture and the name Glenda Foster. The officer then questioned the individuals as to their reason for being in the area. They...

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3 practice notes
  • People v. Suennen, Cr. 20129
    • United States
    • California Court of Appeals
    • December 31, 1980
    ...829, 153 Cal.Rptr. 89; People v. Satchell (1978) 81 Cal.App.3d 347, 354, 146 Cal.Rptr. 307; People v. Superior Court (Torres) (1977) 67 Cal.App.3d 620, 624-625, 136 Cal.Rptr. 779; People v. Myles (1975) 50 Cal.App.3d 423, 430, 123 Cal.Rptr. 348.) Officer Foley properly acted upon the knowle......
  • State v. Astalos
    • United States
    • Superior Court of New Jersey
    • March 17, 1978
    ...whether there was probable cause to believe that the evidence sought was to be found therein. See People v. Superior Court (Torres), 67 Cal.App.3d 620, 136 Cal.Rptr. 779 (D.Ct.App.1977); Robinson v. Parratt, 421 F.Supp. 664 (D.Neb.1976); Satterlee v. State,549 P.2d 104 (Okl.Cr.App.1976); Pe......
  • People v. Espindola, E072426
    • United States
    • California Court of Appeals
    • July 13, 2020
    ...fact not finished when the dog sniff began, because the citation had not yet been written"]; People v. Superior Court (Torres) (1977) 67 Cal.App.3d 620, 625 [distinguished Lingo because "[t]he officers' discovery of the weapons in the instant case occurred before they could complete their d......
3 cases
  • People v. Suennen, Cr. 20129
    • United States
    • California Court of Appeals
    • December 31, 1980
    ...829, 153 Cal.Rptr. 89; People v. Satchell (1978) 81 Cal.App.3d 347, 354, 146 Cal.Rptr. 307; People v. Superior Court (Torres) (1977) 67 Cal.App.3d 620, 624-625, 136 Cal.Rptr. 779; People v. Myles (1975) 50 Cal.App.3d 423, 430, 123 Cal.Rptr. 348.) Officer Foley properly acted upon the knowle......
  • State v. Astalos
    • United States
    • Superior Court of New Jersey
    • March 17, 1978
    ...whether there was probable cause to believe that the evidence sought was to be found therein. See People v. Superior Court (Torres), 67 Cal.App.3d 620, 136 Cal.Rptr. 779 (D.Ct.App.1977); Robinson v. Parratt, 421 F.Supp. 664 (D.Neb.1976); Satterlee v. State,549 P.2d 104 (Okl.Cr.App.1976); Pe......
  • People v. Espindola, E072426
    • United States
    • California Court of Appeals
    • July 13, 2020
    ...fact not finished when the dog sniff began, because the citation had not yet been written"]; People v. Superior Court (Torres) (1977) 67 Cal.App.3d 620, 625 [distinguished Lingo because "[t]he officers' discovery of the weapons in the instant case occurred before they could complete their d......

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