People v. Wheeler

Opinion

HERNDON, J.

Appellant pleaded guilty as charged to second degree burglary. He appeals from the judgment pursuant to Penal Code section 1538.5, subdivision (m), contending that his motion to suppress evidence was erroneously denied. We find no merit in this contention.

Summary of the Evidence

At about 9 p.m. on April 7, 1971, Officers Stone and Smith responded to a report of a burglary which had been committed about two hours earlier on that evening. Robert Miller, the victim of the burglary, informed the officers that his home had been broken into and that a stereo cabinet,

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television set, Bulova wristwatch and various items of clothing had been taken.

After interviewing the victim, Officer Stone went across the street to a residence where he talked with two boys, Karl and Philip Cole, ages 12 and 9, respectively. Karl told the officers that at about 7 p.m. that same evening he had observed a person known, to him only as “Weasel” knocking on the front door of the Miller residence. While knocking on the door, Weasel continuously looked over his shoulder and appeared to be nervous. Weasel, described as a Negro, about 5'8" in height, and of medium build, was identified as James Wheeler, appellant’s brother.

Karl Cole also observed two other men, one of whom had taken a position at the side of the Miller residence and-the other behind it. One of these two men, later identified as appellant, was wearing a green coat, a red hat and dark trousers. The other, later identified as Raymond Flute, was wearing a blue jacket and green striped trousers. These two men were described as black men, about 20 to 25 years of age, and about 5'8" tall.

Karl Cole then saw James Wheeler go to the kitchen window, remove the screen and enter Miller’s apartment through the window. He then admitted appellant into the victim’s house. A little later Karl saw appellant and his brother leaving Miller’s home carrying a large wooden cabinet which appeared to be a stereo cabinet.

The two men carried the stereo cabinet to the garage of a house which Karl Cole pointed out to Deputy Stone and which was located approximately three-quarters of a block from the victim’s residence. Karl Cole told Officer Stone that this house was the residence of Weasel.