People v. Warren

Opinion

MERRICK, J. *

The People appeal from an order granting defendant’s motion to dismiss under Penal Code section 995. The information originally charged the defendant with a violation of Penal Code section 496 (receiving stolen property) and by later amendment, with four prior felony convictions.

Facts

At 10:50 p.m. on November 22, 1981, Sergeant Jerome H. Rilling of the Los Angeles Police Department was in uniform, and driving a black-and-white police car, in the vicinity of Fifth and Main Streets in the City of Los Angeles. He observed defendant walking northbound on Main Street carrying…