People v. Wade

[283]

MOORE, P. J.

Defendant has appealed a judgment convicting him of three counts of “Petty Theft with Prior Conviction of a Felony, to wit, Attempted Grand Larceny, Second Degree” in violation of section 667 of the Penal Code. The same party appealed another judgment which has been affirmed this day.

(People

v.

Wade, Crim. No. 5824, post,

p. 286 [309 P.2d 843].)

Appellant was accused of three separate felonies, to wit, petty theft with a prior felony conviction. The losses sustained by the victims were $53, $19, and $1.00. With each charge it was alleged that prior thereto he had been convicted of attempted larceny and had served a term in prison in New York. Despite his motion under section 995; the information was in all respects valid. In bringing the judgment to this court, he is confronted with some salutary rules that apply to all appeals from convictions of crime, laid down in

People

v.

Newland,

15 Cal.2d 678 [104 P.2d 778], and in prior and subsequent decisions. “It must be made clearly to appear that upon no hypothesis whatever is there sufficient substantial evidence to support the conclusions reached in the court below.” (See

People

v.

Perkins,

8 Cal.2d 502, 510 [66 P.2d 631] ;

People

v.

Tom Woo,

181 Cal. 315, 326 [184 P. 389];

People

v.

Green,

13 Cal.2d 37, 42 [87 P.2d 821] ;