People v. Hobbs

Opinion

COAKLEY, J.

Appellant was found guilty of burglary, second degree, and sentenced to prison. He does not contend that the evidence is insufficient to sustain his conviction. Thus, there is no occasion to discuss the facts of the burglary.

When arraigned in superior court on June 3, 1969, appellant pleaded not guilty. On July 15, appellant and his attorney, the public defender, were present in court for a “Special Hearing on Defendant’s Motion to Waive Trial by Jury.” The appellant expressly waived his right to trial by jury. Thereupon the district attorney and the public defender stipulated that the matter be tried to the court on the preliminary transcript and the People’s fingerprint exhibits. Appellant reserved the right to offer testimony. Both parties reserved the right to present argument. The stipulation was approved by the court.

Though present when the stipulation was made and approved, the appellant did not speak to that subject, i.e., he neither expressly joined in nor objected to the stipulation.

When the case was called for trial to the court, on July 17, with appellant present, defense counsel again stated that the matter was to be submitted on the transcript, plus the two exhibits which were introduced at the preliminary hearing, and with appellant reserving his right to testify. Again, appellant was silent. Appellant then testified on his own behalf. The matter was argued and submitted, and appellant was found guilty.

Appellant was present throughout the preliminary hearing. He did not testify at that hearing. The operator of the burglarized store, an investigator, and a fingerprint expert employed by the Kern County Sheriff’s Department testified for the prosecution. Fingerprints lifted from the cash register coin tray of the burglarized

store

were positively identified as those of the appellant. Exhibits 1 and 2 were introduced in support of this identification.

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The prosecution witnesses were cross-examined, extensively, by defense counsel.