People v. Hopkins

214 Cal.App.2d 487 (1963) THE PEOPLE, Plaintiff and Respondent,

v.

KENNETH EDWARD HOPKINS, Defendant and Appellant.

Crim. No. 8503. California Court of Appeals. Second Dist., Div. One.

Mar. 27, 1963. Kenneth Edward Hopkins, in pro. per., for Defendant and Appellant.

Stanley Mosk, Attorney General, and William E. James, Assistant Attorney General, for Plaintiff and Respondent.

LILLIE, J.

Defendant was convicted of unlawfully taking an automobile in violation of section 10851, Vehicle Code. While represented on the lower court level by the public defender, defendant appears before us in propria persona, he at no time having requested of this court appointment of counsel.

The owner testified that around 11:30 p.m. on February 6, she parked her Chevrolet in a parking lot, the next morning it was gone, and she gave no one permission to take the car. Police Officer Ward testified substantially as follows: On February [489] 7, at Figueroa and 41st Drive, at approximately 4:45 p.m. he and his partner passed the Chevrolet driven by defendant and occupied by Charles McGee (Morgan) and Theodore ("Brother") Bynum. Knowing it to be stolen the officers started to turn around, and, looking back, saw defendant turn right and stop, the right doors "pop open" and defendant and the two boys abandon the car and run west. Defendant and McGee ran between the apartment houses and as the latter slipped and fell, the officer drew his gun and ordered defendant to halt; defendant did so. After his arrest defendant told him that around 2 or 2:30 p.m. on February 7, he was walking in the vicinity of 26th and Hoover and "Brother" (Bynum) and "another kid" (McGee) drove by and picked him up; he asked "Brother" if he could drive and he drove around a while and picked up a hitchhiker, dropping him off at 28th and Hoover; there was then some mention of the car being stolen and "they decided to go home as quickly as possible"; and when they saw the police car someone in the back yelled, "Lets make it," so he pulled over to the curb and they jumped out and ran. In a second conversation with defendant 15 minutes later, in the presence of McGee and a brother officer, defendant changed his story and said that the boys did not pick him up on the afternoon of February 7 (as he had before stated), but on February 6; that they drove around that day and then went to "Brother's" house and slept that night in the car; and that they drove him home and later in the afternoon picked him up. He said the rest of the prior conversation was true.