People v. Rideaux

PEEK, J.

Defendant Charles Rideaux appeals from a judgment of conviction, following a jury trial, for attempted grand theft (Pen. Code, §§ 487, 664) and petty theft with prior conviction of a felony (Pen. Code, § 667), arising out of instances of a confidence scheme known as the “Jamaican Switch. ’ ’ He admitted prior convictions for petty theft after conviction of a felony, and for violation of a federal narcotic statute.

The victim of the attempted grand theft testified that defendant and Charles Orndorff, a codefendant (who did not appeal), approached him with the suggestion that the victim withdraw money from his bank in order to convince Rideaux, who was posing as a foreign seaman with no trust in banks, that one could easily withdraw funds from a bank and that defendant should deposit in a bank the substantial sum of money he purported to be carrying. The victim refused to place his money in a paper bag along with that belonging to Rideaux unless he could hold the bag. After the victim’s money was in the bag defendant grabbed the bag and the two men scuffled. Rideaux escaped but the victim’s money remained in the portion of the paper bag defendant left behind.

The victim of the petty theft testified to a similar scheme successfully perpetrated upon her by defendant and a man she identified as Sandy Wallace. After she withdrew her funds from the bank and agreed to safeguard her own money together with the “roll” carried by Rideaux while he had a “good time,” her money was placed inside a paper bag and “switched.” After defendant was gone she discovered that pieces of scrap paper had been substituted for her money inside the bag.

Defendant denied any knowledge of the incidents and testified that he had been working at a shoeshine establishment on the days in question. His employer also testified that de

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fendant had been working during the period of time involved. Although there were some discrepancies in their testimony, defendant was positively identified by both victims and by the two individuals in whose automobile he forced a ride while escaping from the victim of the unsuccessful attempt. Also, two brown paper bags and some “play” money, of a type utilized in the theft schemes, were found in the car in. which defendant was arrested.