People v. Sadowski

Opinion

PERKOVICH, J.

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In an amended information, appellant was charged with the following crimes: Count I, violation of Penal Code section 487, subdivision 1, grand theft; count H, violation of Penal Code section 597, subdivision (a), felonious killing of a cat and counts III, IV and V, violation of Penal Code section 597, subdivision (b), misdemeanor killing of three cats. He was also charged in counts VI, VII, VIH and IX with violation of various Monterey Park Fire Code sections having to do with the storage of flammable liquids. Appellant pleaded not guilty to all counts, waived trial by jury, and a trial by court began. A demurrer was sustained to counts VI, VII, VIH and IX, the flammable liquid counts, and trial proceeded on counts I through V.

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Appellant’s motion to suppress pursuant to Penal Code section 1538.5 was heard contemporaneously with the People’s case in chief and was denied. Appellant was found guilty on all five remaining counts, was referred for diagnostic evaluation pursuant to Penal Code section 1203.03 and, after he returned to the trial court, he was sentenced to prison for three years on count I. Concurrent terms of three years on count II, and six months each on counts III, IV and V were also imposed. A notice of appeal was timely filed.

The Facts

On February 12, 1982, at about 5 p.m., Mrs. Veronica Meleson, while sitting in her home in West Los Angeles, saw a man, later identified as appellant, park his Honda car in the red zone in front of her home. He got out of his car and walked toward the driveway on her property which ends in her backyard. After a period of time she saw appellant walking down her driveway toward the street with her Balinese Lynx Point cat “Truffle” in his arms. As appellant walked toward his car, Mrs. Meleson ran out the front door of her house and saw appellant next to the open driver’s door of the Honda, looking toward her. He dropped the cat, Mrs. Meleson yelled, “Kitty, Kitty,” the cat ran to her, the appellant got into his car and drove off.

Four days later appellant appeared on the Meleson driveway again. He was chased by Mr. Meleson and was seen in the same Honda and told to stay away. An expert testified that the cat had a value of $250. (When appellant later testified in his own behalf he said he had the Meleson cat in the car and that he intended to keep it.)