People v. Edwards

[600]

Opinion

WHELAN, J.

Stanton Gay Edwards, defendant, has appealed from an order committing him to the California Rehabilitation Center following his plea of guilty to a charge of possession of narcotics (Health & Saf. Code, § 11500) after his motion under Penal Code section 1538.5 to suppress evidence had been denied.

At the time of the plea of guilty, a second count charging a violation of Health and Safety Code section 11500.5 was dismissed as the result of a plea bargain.

William A Roosen, food service manager at University Hospital in San Diego, saw defendant the evening of November 16, 1970, come into the kitchen area of University Hospital saying tie was looking for someone named Barbara. Roosen told defendant no one by that name worked there and asked defendant to leave. Defendant left after some discussion.

A few minutes later Roosen saw defendant enter the women’s restroom in the employees’ cafeteria; followed defendant and saw him going through a woman’s purse; defendant immediately left the restroom and fled to the parking lot, followed by Roosen, who saw defendant get into a Volkswagen which would not start. Roosen sought out Paul H. Bethel (security officer at University Hospital), who accompanied him back to the parking lot where defendant was still trying to start the car. Bethel told Roosen defendant was enrolled in the methadone program at the hospital. At that point the car started and defendant drove away.

Bethel testified he was told by Roosen about defendant’s actions in going through some purses in the women’s restroom; accompanied Roosen to the parking lot, and once the Volkswagen was pointed out to him he identified defendant as being on the methadone program, though he did not know him by name. The same evening Bethel reported the incident to the San Diego Police Department; the officer to whom Bethel talked said he would refer the matter to the burglary detail.

On November 17 Bethel saw defendant sitting in the hospital lobby, and went to find Roosen to'ask him if he could verify the identity of defendant as the man he had seen the night before.

Roosen came, saw defendant and verified the identity to Bethel, who called the San Diego police, and returned to keep an eye on defendant. He saw defendant sit down in a chair with a jacket over his arm, put on the jacket to go outside where he spoke to an unidentified person, return and place the jacket on the chair to his right.