People v. Kovach

SHINN, P. J.

The Grand Jury of Los Angeles County returned an indictment of Theodore B. Kovach, accusing him of six offenses of grand theft, namely, the unlawful taking of $500 from Sarah Glade, $1,000 from Sarah Glade, $1,500 from Sarah Glade, $2,000 from Richard Moss, $1,000 from Prank Graves and $3,200 from Hubert Gary. In a non jury trial he was convicted of all offenses and was sentenced to state prison. He appeals from the judgment in propria persona and represents himself on the appeal.

In the early stages of the case defendant was represented by counsel. A motion for dismissal under section 995 of the Penal Code was made with respect to each of the six counts, and was denied. Defendant then relieved his attorneys of their employment and in writing substituted himself in their stead. Thereafter, the public defender was appointed as counsel for defendant. Trial by jury was duly waived. It was stipulated that the court might read and consider the testimony taken before the grand jury, reserving the right of either side to produce further evidence. No additional evidence was produced. Testimony was given by Sarah Glade, Richard Moss, Prank Graves, Hubert Gary, and others. Defendant did not testify.

Upon three occasions defendant represented to Mrs. Glade that he was representing a syndicate in the purchase of houses that had to be moved because of freeway construction; he was associated with a friend in the State Division of Highways from whom he obtained valuable information and that the houses could be quickly sold at a substantial profit. Mrs. Glade first gave defendant $500 to be used in the purchase of houses and for an interest in the profits when the houses would be sold. Shortly thereafter, defendant returned the $500 and $200 in addition. Upon the same representations and promises by defendant and for the same purpose Mrs. Glade gave defendant $1,000 and the following month upon the same representations for the same purpose she gave defendant

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$1,500. She testified that he had returned to her $1,300. It was stipulated that defendant was deemed to have testified that he returned $2,700 to Mrs. Glade.

To Richard T. Moss defendant represented that he was purchasing some land from the California Division of State Highways, that he needed $7,000 to close an escrow on the purchase and that he had another escrow pending for the sale of the property for $15,000. Upon this representation and the promise that Mr. Moss would share in the profits, he gave defendant $2,000.