In Re Joiner

California Court of Appeal Apr 25, 1960 No. Crim. 7145Published

Before: Kincaid

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Holding. The court held that the petitioner's conduct in surreptitiously removing his vehicle from a repair shop to avoid a lien constitutes a misdemeanor under the specific provisions of the Vehicle Code, thereby precluding prosecution for the felony charges of burglary and grand theft. Consequently, the superior court lacks subject matter jurisdiction over the matter.

Issues

Whether the surreptitious removal of a vehicle subject to a repairman's lien is governed by a specific misdemeanor statute rather than general felony statutes for burglary and grand theft.
Whether the superior court has subject matter jurisdiction to proceed with felony charges when the alleged conduct is exclusively governed by a special misdemeanor statute.

Disposition. granted

Quotations verified verbatim against the opinion

“It is a misdemeanor for any person to obtain possession of any vehicle or any part thereof subject to a lien under this chapter through surreptitious removal or by trick, fraud, or device perpetrated upon the lienholder.”

KINCAID, J. pro tem.

James Thomas Joiner, hereinafter referred to as petitioner, is in custody in the Los Angeles County jail pending trial in the superior court of the crimes of burglary in violation of section 459, and of grand theft in violation of section 487, subdivision 3, Penal Code, felonies. He has now filed a petition for a writ of habeas corpus contending that, assuming all facts testified to by witnesses at the

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preliminary hearing of petitioner and all inferences reasonably arising from said facts to be true, his detention is illegal and the order holding him for trial in the superior court is void in that said court is without subject matter jurisdiction to proceed to trial on the charged offenses.

Count I of the information filed against petitioner charges commission by him of burglary, a felony, in that on August 26, 1959, he wilfully entered the premises and building occupied by Harbor Lincoln-Mercury in Long Beach, with the intent then and there therein unlawfully and feloniously to commit theft. In Count II he is charged with commission of the separate offense of grand theft, a felony, in that on the same day he did wilfully, unlawfully and feloniously take a certain automobile, then and there the personal property of said James Thomas Joiner, on which Harbor Lincoln-Mercury had a repairman’s lien under section 3051 of the Civil Code.

The evidence by virtue of which defendant is now held for trial in the superior court is generally as follows: On August 26, 1959, petitioner took his 1957 Ford automobile to the premises of Harbor Lincoln-Mercury, hereinafter referred to as “Harbor” for the purpose of obtaining certain repairs and signed a repair order therefor using the fictitious name of “Bill Marlin.” Harbor then caused the specified repairs to be made on said automobile.

The service department of Harbor closed at 5 p.m. although the back door of the service department was left open. The ignition keys of all automobiles not then called for by the owners were left with the sales department at the front of the building. During the evening of said date petitioner returned to the premises of Harbor, entering through the open rear door of the service department, and without obtaining authority or permission or paying the agreed charges for repairs and by means of using another key to said automobile, he drove the vehicle from the premises.

In Re Joiner

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