People v. Hallman

Opinion

KLAUS, P. J.

Defendant was charged in count I of the information with grand theft. (Pen. Code, § 487, subd. 3.) Count II charged him with violating section 10851 of the Vehicle Code. He pleaded not guilty and waived his rights to a jury trial and to confront and cross-examine witnesses. Pursuant to stipulation the cause was submitted on the preliminary hearing transcript. The court found defendant guilty of count II. It found him not guilty of count I. Motion for new trial was denied. Proceedings were suspended. Defendant was placed on three years’ probation, conditioned on his serving one year in county jail. He appeals from the judgment (order granting probation).

The facts adduced at the preliminary hearing were as follows: Clarence Neighbors was the owner of a 1963 Pontiac, license ORA 610. At about 8 p.m., November 8, 1972, Neighbors parked the car in a lot in the 1500 block on Truman Street. At about 9 p.m. the following day Neighbors discovered the car was missing. He had not given defendant or anyone else permission to use the car.

At 11:40 p.m., November 8, 1972, Officer Wolverton of the Los Angeles Police Department observed defendant driving a 1963 Pontiac, license ORA 610, southbound on San Fernando Road at an excessive rate of speed. Defendant turned east on Paxton, then south on Sutter Street, driving 40 m.p.h. in a 25 m.p.h. residential zone. Wolverton stopped defendant and gave him a speeding citation. Defendant did not have a driver’s license. There was a passenger in the car who was intoxicated.

At 3:10 p.m., November 9, 1972, Officer Villanueva of the City of San Fernando observed defendant driving a 1962 or 1963 Pontiac, license ORA 610. Villanueva arrested defendant for grand theft auto. The officer

[641]

had obtained the stolen auto report that morning from the owner of the vehicle, Mr. Neighbors.

On this appeal defendant contends that the evidence was insufficient to sustain the conviction and that the waivers were inadequate to support the submission on the transcript. With respect to the sufficiency of the evidence, defendant argues first that there is no evidence in the record that he had knowledge that the car was stolen or that he acted with the specific intent to deprive the owner of title and possession. We cannot agree. Although mere possession of a stolen vehicle may not suffice to sustain a conviction, the attributes of the possession—time, place, and manner— may furnish the additional quantum of evidence needed.