People v. Kasperek

HERNDON, Acting P. J. Pursuant to a stipulation that the cause would be submitted upon the preliminary hearing transcript, the trial court reviewed the record, heard the arguments of counsel and found appellant guilty of three counts of burglary.1

On the night of October 16, 1967, three locked automobiles were burglarized at different locations in the same Los Angeles neighborhood. The testimony of the owner-victims, Finster, Vandermast and Booth, indicated that in each instance personal property was stolen and the modus operandi [322]was essentially the same. Finster’s wallet, taken from the glove compartment of his car, contained credit cards, driver’s license, identification card, etc. From Vandermast’s vehicle the burglar took his Craig stereo tape recorder identified by serial number and nine stereo tapes. The property taken from Booth’s car consisted of his stereo tape recorder and several stereo tapes.

Prior to November 14, 1967, the witness, Bichard Whit-taker, a police officer of the City of Los Angeles, had arrested one Verne Simmons who at the time of his arrest had been found in possession of a Craig stereo tape recorder bearing the same serial number as that stolen from Vandermast. The theft of this identified recorder had been reported to Officer Whittaker. Simmons told the officer that he had purchased the recorder from appellant and thereafter guided the officer to appellant’s place of residence.

On the morning of November 14, 1967, Officer Whittaker and his partner went to appellant’s residence and knocked on the door with the intention to ask appellant about the statement of Simmons concerning his acquisition of the tape recorder. When appellant came to the door and identified himself, Officer Whittaker asked him whether he knew Verne Simmons. When appellant answered in the affirmative, the officer asked him whether or not he had sold Simmons a stereo tape recorder. Appellant answered “Yes.” At that point appellant was placed under arrest as a burglary suspect.

Immediately upon placing appellant under arrest Officer Whittaker informed him fully as to his constitutional rights. Appellant said that he understood these rights and that he wished to speak. He told the officers that he had bought the stereo for $100 approximately a year previously.

The officers then asked appellant whether or not he wished to dress more fully and he indicated that he did. The officers told him that they would have to accompany him into the house to make sure that he would not try to attempt to escape or arm himself. Appellant having indicated his consent, the officers entered appellant’s room where they observed a number of guns and approximately 99 stereo tapes. They looked through a box of tapes for identifying marks and found one with the name “Booth” printed in ink thereon. While appellant was dressing, he requested Officer Whittaker to hand him a pair of trousers which were lying on the floor. The officer picked up the trousers and in the course of cheeking them for weapons found a wallet therein. Inside the wallet were identi