People v. Rios

Opinion

SIMS, J.

Defendant Eddie Ray Rios appeals following conviction by jury on two counts of first degree burglary (Pen. Code, § 459; all further statutory references are to this code unless otherwise indicated).

On appeal defendant complains his motion to suppress evidence pursuant to section 1538.5 was erroneously denied. He asserts a sheriff’s deputy unlawfully seized a television set when he searched defendant’s home under the authority of a warrant. Defendant also alleges prejudice due to prosecutorial misconduct. In this published portion of our opinion, we conclude the deputy lawfully…