People v. Luckman

JEFFEBSON, J.

— In a trial by jury, defendant was convicted of grand theft in violation of Penal Code section 487, subdivision 1. Defendant waived his right to counsel and appeared at the trial in propria persona. A prior felony conviction of grand theft was alleged in the information, and the jury found such conviction, as alleged, to be true. Probation was denied and defendant was sentenced to state prison for the statutory term. Defendant originally appealed from the judgment in propria persona, the judgment of conviction was affirmed by this court on December 21, 1961 (in

People

v.

Luckman,

198 Cal.App.2d 347 [18 Cal.Rptr. 167]), and a petition for a hearing was denied by the California Supreme Court on February 14, 1962, Thereafter, the United States

[77]

Supreme Court handed down its decision in

Douglas

v.

California,

372 U.S. 353 [83 S.Ct. 814, 9 L.Ed.2d 811]. The remittitur has been recalled and counsel appointed to represent defendant on this appeal.

William Cheney was the owner of a 1959 model Corvette house trailer valued at approximately $950. He discovered that it was missing on September 26, 1960, and reported the loss to the police. Three days later the trailer was found by Officer Baker and Officer Parker. The officers discovered that the serial number on the tongue of the trailer had been covered by a thick aluminum substance and other identifying marks had been painted over with aluminum paint. Defendant was observed lying down inside the trailer.

Officer Baker testified that the following events then occurred: When the officers inquired, defendant stated that he owned the trailer. He thereupon presented a bill of sale indicating the trailer was manufactured in 1957 and stated he had been living in it for about two years. Officer Baker then asked defendant, when, in 1957, he had purchased the trailer. Defendant answered, “Somewhere around September.” The officer then stated that it seemed a little odd that defendant had owned a trailer since 1957 that was not manufactured until 1959. Defendant made no response. He was then placed under arrest and his automobile, which was parked directly in front of the trailer, was searched and found to contain a can of aluminum paint, a brush and a tube of liquid solder. Later, at the police station, Officer Baker again asked defendant when he had purchased the trailer and defendant said that he bought it in 1957. When the officer again replied that “it was built in 1959,’’defendant said, “Well, when there’s no bread on the table love flies out the window.”