People v. Donell

Opinion

JEFFERSON, J.

In a 21-count information, defendant was jointly charged with codefendant Bittman (not appealing here) with various counts of violating sections 472, 496, 470 of the Penal Code, and section 10851 of the Vehicle Code and section 11911 of the Health and Safety Code.

Defendant’s motion pursuant to section 995 of the Penal Code was denied as to all counts, except count XV, which charged a violation of section 470 of the Penal Code (forgery). Subsequently, the court dismissed count XV. A jury found defendant guilty of count XIX (joyriding) in violation of section 10851 of the Vehicle Code. The court, in the interest of justice, dismissed all of the remaining counts of the information. Defendant’s motion for a new trial and probation were denied and defendant was sentenced to one year in the county jail. Defendant appeals from the judgment of conviction.

David Schoppe was an employee of Country Club Chevron in Sacramento. Among his duties was to rent Hertz cars for the club. On May 19,

[615]

he rented a 1971 Thunderbird, hcense number 789BTU, to a person who presented him a driver’s license under the name of Ernest Johnson. A Hertz credit card was presented which entitled the holder to rent a car from Hertz. The card bore the name of Ernest Carl Johnson.

Ernest Carl Johnson resided in Sacramento. He did not rent a 1971 Thunderbird from Country Club Chevron. He did own a Hertz credit card No. 5658-335-4. He did not give anyone permission to use his credit card or his name to rent a car from Hertz.

On May 21, 1971, Deputy Sheriffs Ward and Nottingham of Los Angeles County observed a 1971 Thunderbird, a Hertz rental, parked in front of a residence, 3037 Zane Grey Terrace, Los Angeles. On May 25 and 27, 1971, the deputies observed the same Thunderbird parked in front of the same residence. On May 28, Deputy Cuccia observed the same Thunderbird again parked at 3037 Zane Grey Terrace. He ran a “make” with the Department of Motor Vehicles and discovered that the Thunderbird was the property of the Hertz Company of Sacramento and had been reported stolen.

Deputy Cuccia went to the residence, in front of which was parked the stolen Thunderbird. The defendant answered his knock and told the deputy in response to the question: “Who owns, the Thunderbird,” that it was owned by an Eleanor Johnson; that she had given him tfie keys to the automobile and also permission to drive it. The deputy asked for the keys and told the defendant that the car had been stolen. The defendant refused to give up the keys and asked the officer to leave his residence; the defendant stated that he had been driving the automobile while Eleanor Johnson was away.