People v. Loggins

SHINN, P. J.

Defendant Lindy Edelman appeals from a conviction by a jury of first degree burglary. An information charging appellant Edelman and one Loggins with burglary of the home of Truman Shaffer was filed June 15th. They were arraigned June 17th and pleaded not guilty. July 15th, the information was amended to include a prior conviction of appellant, and both defendants were rearraigned. Trial was commenced July 30th.

Truman Shaffer was away from home for the evening and when he returned about 2 a. m. he encountered defendant and Loggins in front of his house. Appellant was carrying four suits of Shaffer’s, a pink shirt and other items of clothing valued at $500. The pink shirt and a cleaner’s check were subsequently discovered in Edelman’s home, and a gray suit was obtained with the check. Shaffer identified the suit and shirt as his. After an argument in front of the house, appellant and Loggins fled with the clothing. A rear window of Shaffer’s home had been broken and the house had been ransacked and was in disorder. Shaffer had not given appellant or Loggins permission to enter.

In defense appellant testified that he thought the clothes belonged to Loggins since Loggins had lived with Shaffer

[738]

for two weeks the previous March, that Loggins was merely-returning to get his clothes, and that he, appellant, merely stood outside the house and received the clothes as Loggins handed them out.

Appellant assigns as his first ground of error that he was denied a trial within 60 days after the filing of the information as required by section 1382 of the Penal Code. In this the appellant is mistaken, since the record shows that the information was filed June 15th and the trial commenced on July 30th.

Defendant next asserts that the amendment of the information to include his prior conviction in Oklahoma was improper and deprived him of his constitutional rights. The amendment was made pursuant to Penal Code, section 969a, which allows amendment of the information if it has not charged all prior felonies of which the defendant has been convicted in this state or elsewhere. This section was held constitutional in

People