People v. Greg F.

Opinion

ARABIAN, J.

Introduction

Greg F. appeals from the order continuing wardship (Welf. & Inst. Code, § 602) entered following a finding that he committed theft by appropriation of lost property (Pen. Code, § 485). He was committed to camp for a maximum period of 14 months, consisting of 12 months on a previously sustained petition and 2 months on this matter.

[468]

Contentions

Appellant contends: “I. The court erroneously convicted appellant of petty theft as a lesser included offense. II. The trial court erred in aggregating the time to be served on a prior sustained petition with the time on the instant case because there was no section

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petition filed, no evidence adduced regarding the effectiveness of the prior disposition and no finding that the prior disposition had been ineffective. ”

Facts

On November 23, 1983, George Kennedy got off a public bus and discovered that his wallet was missing. A “couple of days later” he received a phone call from appellant, who claimed to have found the wallet in a phone booth and wanted to know whether Kennedy would pay a reward for its return. Kennedy offered $10. Appellant responded, “ ‘You wouldn’t like to pay $20 or $25?’ ” Kennedy stated he would pay no more than $10, and appellant promised to contact Kennedy the next day.

Appellant was arrested on November 26, with the wallet in his possession. He initially told the arresting officer that he was holding it for a friend; he later stated that he had found the wallet in a phone booth and had already contacted the owner about returning it.

Testifying in his own behalf, appellant claimed that he found the wallet in a phone booth and called Kennedy shortly thereafter. He intended to return the wallet, but was arrested before he could do so. Appellant admitted asking if Kennedy would give him anything for the wallet, but did not recall asking for $25.

The petition alleged a violation of Penal Code section 496.