People v. Flores

Opinion

WRIGHT, C. J.

Defendant appeals from an order granting probation (Pen. Code, § 1237, subd. 1) following conviction of burglary (Pen. Code, § 459) 1 by court trial. He contends (1) that because the only evidence connecting him with the crime resulted from an unlawful detention and arrest the information should have been set aside on his pretrial motion therefor (§ 995), 2 and (2) that because the court failed to fix the degree of the offense before granting probation the crime must be deemed to be of the second degree. We conclude that defendant was lawfully detained and arrested and…