PEOPLE v. COOK

Docket No. 8867.

69 Cal.App.3d 686 (1977)

138 Cal. Rptr. 263

THE PEOPLE, Plaintiff and Respondent, v. ROBERT GENE COOK, Defendant and Appellant.

Court of Appeals of California, Third District.

May 11, 1977.


Attorney(s) appearing for the Case

COUNSEL

William Earl Bonham, under appointment by the Court of Appeal, for Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Robert D. Marshall and Charlotte W. Adams, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

PUGLIA, P.J.

Defendant appeals from a judgment after a plea of guilty to burglary in the second degree. He challenges the trial court's denial of his motion to suppress evidence.

In this appeal we are called upon to decide whether a residence burglar, whose crime is discovered in progress and interrupted by the police, may assert a violation of the right secured by Penal Code section 844 to the very victim whose property...

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