People v. Poore

Opinion

REGAN, J.

Defendant appeals from the judgment entered after the trial court convicted him in count 1 of attempted robbery (Pen. Code, §§ 664, 211) with a firearm use finding (Pen. Code, § 12022.5), and in counts 2 and 3 of false imprisonment. (Pen. Code, § 236.)

1

Defendant contends the trial court erroneously denied his motion to quash incriminating statements he made to a police officer, thereby violating his Sixth Amendment right to the assistance of counsel.

[884]

The incriminating statements defendant sought to quash related to his participation in the attempted robbery of a Jack-in-the-Box restaurant in Woodland on April 29, 1981. A recitation of the facts of the crime are not necessary to resolve the issue presented here.

Glenn Perry became a police officer for the City of Woodland on April 20, 1981.

2

His assignment was to seek information and collect evidence regarding narcotic and drug activities and stolen properties. Perry operated from an undercover apartment in a Woodland apartment complex where “there was supposed to be a lot of [drug] activity.” Only seven police officers were aware of Perry’s assignment and no specific person was designated as a suspect.

Perry first encountered defendant April 29, 1981, by the apartment complex swimming pool, where they engaged in general conversation. Perry next saw defendant at the Woodland City Park, where he interested defendant in what was purported to be a stolen camera.

On May 21, 1981, Perry drove into the parking lot of the apartment complex where he observed defendant and one John Beck driving out. When defendant and Beck indicated they were just at Perry’s apartment, Perry invited them inside. Defendant and Beck had not previously been inside Perry’s apartment.

Once inside, general conversation ensued in which defendant expressed his interest in purchasing the camera. Defendant then mentioned he had been to court a few days earlier on an attempted robbery charge. He told Perry and Beck that he had committed the offense and that they were the only people who knew of his guilt. He admitted wearing a ski mask, blue coveralls and pointing a gun in a few people’s faces, but stated he did not take the $140 offered him by his victims. He further stated he was going to hire someone to threaten witnesses. Perry then asked him what type of establishment he had robbed and defendant answered it was the Jack-in-the-Box restaurant in Woodland. Shortly thereafter defendant and Beck left Perry’s apartment, whereupon Perry contacted the Woodland Police Department and learned of the robbery and defendant’s surname.