People v. Chapman

[9]

Opinion

THOMPSON, J.

Convicted after a jury trial of taking an automobile without consent with intent to deprive the owner of title or possession, defendant asserts three interrelated contentions on appeal. He claims: (1) the trial court erred in denying his motion for dismissal at the conclusion of the prosecution’s case for failure of the evidence to establish that the requisite specific intent for the crime was formed in California; (2) there is a failure of substantial evidence for the same reason; and (3) the trial court, in response to a jury inquiry, erroneously instructed that the required specific intent could have been formed after the date alleged in the information, thus permitting the jury to conclude on the evidence that defendant could be found guilty although the intent was not formed within California.

We conclude that, although there is substantial evidence in the prosecution’s case that defendant possessed the requisite specific intent within California, the jury instruction was prejudicially erroneous. Accordingly, we reverse the judgment.

Facts

On April 23, 1976, defendant rented a 1976 Gremlin automobile from Budget Rent-A-Car in Santa Barbara, giving an address not his in the rental agreement. The rental was for a period of three days expiring April 26. Defendant did not return the car on the 26th. On April 28, Budget Rent-A-Car received a letter from defendant postmarked Bar-stow, California, but with no return address. The letter stated that defendant would not be able to return the automobile on time and asked that the rental agreement be extended to April 30. Budget Rent-A-Car filed a stolen car report with the police. On May 28, 1976, defendant was arrested in possession of the Gremlin in Fort Collins, Colorado.

Defendant was charged with violating Vehicle Code section 10851 and was tried to a jury. His defense was that he had been unexpectedly called to Indiana by the illness of his mother, had driven the Gremlin in the direction of Indiana believing that he had extended the rental period, and had intended to return the car, an intent which was frustrated when, on April 27, defendant lost most of his money in Las Vegas.