Crofoot v. Superior Court

Opinion

BROWN (G. A.), P. J.

Petitioner, James Leslie Crofoot, seeks a pretrial writ of mandate pursuant to Penal Code section 1538.5, subdivision (o), his motion to suppress in the trial court having been denied. We stayed the trial and issued an order to show cause.

Petitioner was charged with burglary (Pen. Code, § 459).

Facts

Officer Reid of the Modesto Police Department testified in substance that at 3:30 a.m., while driving down McHenry Avenue on patrol, he saw petitioner and codefendant, Rodney Stine, cross McHenry Avenue from east to west a short distance in front of his patrol car. Stine…