People v. Anglin

Opinion

THE COURT.

A jury found appellant guilty of having received stolen property in violation of section 496 of the Penal Code. Execution of judgment was suspended and appellant was admitted to probation. He appeals from the order of probation.

On the afternoon of December 8, 1969, appellant was arrested at his apartment for disturbing the peace. At the time of his arrest, appellant had been on parole from the California Youth Authority two and one-half years, and was living alone in an apartment for which the Youth Authority was paying the rent. As a result of the arrest, appellant’s parole officer placed a “parole hold” on him.

On the day after appellant’s arrest and while he was held in custody, the parole officer went to appellant’s apartment for the purpose of removing some of appellant’s valuable personal property for safekeeping. The parole officer knew, based on complaints and conversations with appellant’s landlord, that appellant was going to be evicted from the apartment because of disturbances caused by appellant and a number of his friends who were frequently there. The parole officer was let into the apartment by the manager.

In the course of collecting appellant’s personal property, the parole officer looked into a closet in a hallway and saw some fishing gear, four or five fishing rods and reels, and other items. Because he was not aware that appellant went fishing, the parole officer telephoned appellant’s mother to determine whether her son owned any fishing equipment. On being told that she was not aware that he had such equipment, the parole officer telephoned the Concord Police Department to ascertain whether any fishing equipment had been reported stolen. Later that day, the parole officer went to the police station and talked to an officer who had been assigned that morning to investigate a reported burglary and theft of fishing equipment from the garage of a local resident. The parole officer asked the police

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officer to accompany him to appellant’s apartment to examine the fishing equipment found there. They were let into the apartment by the manager. On further investigation, four fishing rods and reels were identified by the owner and his son as those taken from their garage. Appellant was then charged with receiving stolen property.