People v. Sandoval (70 Cal. App. 3d 73, 1977)

Opinion

POTTER, J.

Defendant Edward Sandoval appeals from the judgment revoking his probation. On February 25, 1975, defendant pleaded guilty to second degree robbery (Pen. Code, §. 211). On March 18, 1975, imposition of sentence was suspended and defendant was placed on formal probation for five years. The conditions of probation included, among others, that he spend 1 year in the county jail with credit for 91 days served and that he obey all laws.

On May 7, 1976, defendant was arrested on a robbery charge arising out of an incident in J. C. Penney’s parking lot in San Fernando. At approximately 8:30 p.m., a man “came up behind” the victim, Mrs. Keeling, “snatched” her purse off her arm, knocking her down and spraining her wrist. The victim saw “the back” of her assailant as he was running across the parking lot with the purse in his hand. Earlier, she had seen a man in the crosswalk as she exited from the store; she had, however, only “glanced up” at his face for a second or two and “didn’t pay attention to him.”

Laurie Massey heard the victim scream, turned around and saw “this guy” from the back run past her with a purse. He was wearing overalls, a long-sleeved, dark, plaid “[PJendleton” shirt and had shoulder length dark hair. A light blue “patterned” van drove up, the robber “hopped” in on the passenger side, and the van left. “About a minute or two” later, the victim and witness informed a police officer in a patrol car of the robbery. The victim described the man she had seen before the purse-snatch as “Mexican” with black hair and a mustache. Ms. Massey described in detail the robber’s clothing and the van. The police broadcasted the report of the robbery and the descriptions.

About five minutes after hearing a police broadcast, Reserve Officer Casper spotted a van which matched the broadcast description, at the intersection of Hubbard and Fourth Streets. He followed it down a dead-end street where the van parked temporarily “under a street light.” Casper drove by the van twice, saw defendant in a plaid shirt iri the van and jotted down the license number. Casper then located Officer Hatfield in a patrol car about three blocks away and relayed the information, including the license number. This additional information was then broadcast.

At about 8:45 p.m., Officer Hatfield stopped the blue van as it was exiting from the Boys Market parking lot. He arrested the three persons in the van: defendant, Mr. Garza, and Ms. Valadez. Defendant was the only person whose, appearance and clothing fit the broadcast description. Reserve Officer Casper also identified him as the man he had just seen a few minutes previously in the parked van. No money was found on defendant. Garza and Valadez, however, had in their possession bills and coins, matching the denominations described in great detail by the victim (e.g., two $20 bills, three $5 bills, four quarters, etc.).

As the van was stopped by Hatfield, a private citizen, Mr. Haddock, pulled up. He explained to the officer that he had been following the van. He had heard the police broadcasts on his car radio which was equipped with a “police scanner device.” As he was driving lip Hubbard Street towards Boys Market, he observed the van, with the license number mentioned on the broadcast, enter the parking lot. He followed it to the rear of the market where he saw Garza and Valadez get out of the vehicle, place an “object” in a trash bin, and re-enter the van. The van then exited from the lot and was intercepted by Hatfield. Haddock returned with the police to the rear of the market where the victim’s emptied purse was retrieved from the trash bin.

Approximately 30 to 45 minutes after the robbery, the victim who was sitting in a room at the police station was told by the police that the suspect would be brought “through the hallway.” As defendant passed, the victim identified him as the man she had seen in the crosswalk, recognizing him “by his face.” The witness, Ms. Massey, was also in that room. In response to the police inquiry whether the man who “was walking by” was wearing the “same kind” of clothes as she had seen on the purse snatcher, she replied that “[t]hose were the same clothes” that she had previously described to the police immediately after the robbery.

On May 18, 1976, a preliminary hearing was held on charges arising out of the purse snatching. Defendant was bound over to answer on one count of robbery (Pen. Code, §211). His codefendants Garza and Valadez were held to answer on one count of receiving stolen property (Pen. Code, § 496).

On July 26, when the cause was called for trial, the public defender announced she was ready. The case (No. A 135593)