P. v. Prince
After a court trial, appellant was found guilty of one count of second degree burglary (Pen. Code, 459) and one count of evading an officer with willful disregard for the safety of others. (Veh. Code, 2800.2, subd. (a).) After finding several alleged prior felony convictions to be true, the court sentenced appellant to an aggregate term of four years and eight months in prison.
The only issue on appeal is appellants contention that the trial court erred by denying his pre-trial section 1538.5 motion. (Pen. Code, 1538.5.) In that motion, appellant contended that his initial detention by the Emeryville Police was unlawful and, additionally, that the detention was unlawfully prolonged until he was affirmatively identified by a witness to the burglary. Court agree with the trial court that there was neither an unlawful detention nor an improper prolonging of the detention, and hence agree with its denial of appellants motion to suppress.
Comments on P. v. Prince