People v. Pellegrino

Opinion

CHRISTIAN, J.

This is an appeal by the People from an order dismissing several counts of an information on the ground of delay and setting aside one count of the information under Penal Code section 995. We affirm the orders.

On November 30, 1976, an information was filed in the superior court (Santa Clara) charging Joseph Pellegrino, Denise Pellegrino, Maurice Patrick Hartigan, James Traynor Hartigan, and Kenneth Yerger, with the following:

Conspiracy (Pen. Code, § 182—count 1, all defendants);

Receiving stolen property (Pen. Code, § 496—count 2, Joseph and Denise Pellegrino);

Attempted receipt of stolen property (Pen. Code, § 664—counts 3, 4, 5 and 7, Joseph Pellegrino, Maurice Hartigan, James Hartigan and Kenneth Yerger);

Soliciting a crime (Pen. Code, § 653f—-count 6, Joseph Pellegrino, Maurice and James Hartigan);

Grand theft (Pen. Code, § 484—count 8, Joseph Pellegrino, Maurice and James Hartigan);

Possession of a firearm by a felon (Pen. Code, § 12021—count 9, Maurice Hartigan).

[779]

Defendants moved to dismiss certain counts of the information due to preinformation delay. Denise Pellegrino moved to set aside count 1 under Penal Code section 995. The court granted the motions. Counts 2, 7, 8 and 9 remain pending.

The charges against respondents resulted from an undercover operation conducted by United States Customs Special Agent Martin Seidman. Agent Seidman, using the name “Marty Davis,” met respondent Joseph Pellegrino on October 10, 1974. At that time Seidman indicated to Pellegrino that he dealt in stolen merchandise. After the initial contact, Seidman was introduced to the other respondents. Seidman testified that during these meetings various illicit transactions were discussed, and items of “hot” merchandise were bought and sold.

After April or May of 1975, Seidman discontinued his dealings with respondents and prepared a report on his covert operations. The report was delivered to the United States Attorney in August of 1975. Seidman turned to another undercover investigation in a different county.