P. v. Lane
Defendant and appellant Thomas Mack Lane was charged with receiving stolen property (Pen. Code,[1] 496, subd. (a), count 1) and committing a theft-related offense with a prior theft-related conviction ( 666, count 2). He moved to suppress the prosecutions evidence against him, contending that it was the product of an unlawful detention. ( 1538.5.) Defendants motion to suppress was heard concurrently with the preliminary hearing. The motion was denied. Subsequently, defendant filed a renewed motion to suppress. The trial court denied that motion as well. A jury trial commenced, but the court declared a mistrial after the jury was unable to reach a verdict. Defendant later pled guilty pursuant to a plea agreement, and the court dismissed count 1 and granted probation for a period of three years.
On appeal, defendant contends that the court erred in denying his renewed motion to suppress evidence since the police were not justified in detaining him; in the alternative, he argues the detention was unlawfully prolonged. Court disagree and affirm.
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