People v. Speaks

Opinion

THE COURT

*

Robert Speaks was convicted by jury of receiving stolen property (Pen. Code, § 496, subd. 1) and was granted probation. He appeals, meritoriously contending the court prejudicially erred in refusing to give a proffered jury instruction. We need not examine his contention the court put undue pressure on the deadlocked jury to arrive at a verdict.

Speaks had been employed at the San Diego Concourse for about 15 years, performing various duties in connection with shows and concerts taking place there. He and three fellow employees had access to a safe in the Concourse lobby. On November 3, 1979, all four were on duty

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during a concert. After the concert ended, one of the four found the safe open with close to $2,000 missing from it. The safe showed no signs of forced entry.

The following New Year’s Eve, Speaks was at a party with his coworkers when he became ill and was taken to a hospital. The partygoers searched his car in an effort to find any medicine he might have been taking before becoming ill. In the trunk of the car they found a plastic bag containing tennis shoes, sweat pants and some of the money taken from the safe earlier. They left the bag in the trunk and contacted the police. A police officer later told Speaks what his friends had found and Speaks allowed the officer to search the car, whereupon the money was again found.

At trial Speaks denied taking the money from the safe or knowingly possessing it. He said he last used the plastic bag during the summer of 1979 and had no idea it contained money taken from the safe. He said it was his habit while at work or at parties, including the New Year’s Eve party, to leave the keys to his car “unguarded” where a number of people could take them. During argument, both sides addressed Speaks’ knowledge the money was in his car.

The court instructed, “Every person who buys or receives any property which has been stolen or which has been obtained in any manner constituting theft, knowing the property to be so stolen or obtained, or who conceals or withholds such property from the owner knowing the property to have been stolen or obtained is guilty of the crime of receiving stolen property.