People v. Jones

GRIFFIN, P. J.

The appellant was a codefendant of Finis Helium whose initial conviction was reversed in

People

v. Hellum, 205 Cal.App.2d 150 [22 Cal.Rptr. 724], After Helium’s conviction was reversed by this court because he had not been represented by counsel at the preliminary hearing, the conviction in appellant’s case was reversed for the same defect upon stipulation of the parties.

(People

v.

Jones,

4 Crim. No. 1707.)

A new complaint was filed against appellant and a new preliminary hearing was held. He was held to answer and waived trial by jury, submitting the matter to the trial court on the record of the preliminary hearing. The trial court found him guilty of second degree burglary and he was sentenced to six months’ imprisonment in the county jail. The appeal is from this judgment.

The evidence shows that on December 17, 1960, a clothing store in Ontario, California was burglarized. About $3,000 worth of clothing was taken. The owner next saw the stolen merchandise in the Ontario Police Station. An Ontario police officer testified that appellant freely told him that he and Helium burglarized the store on December 17, 1960. The confession included the details of how the burglary was accomplished and a description of the articles taken. Upon arriving in Los Angeles, appellant and Helium divided the goods between them and went their separate ways.

In his brief in propria persona, appellant contends that the municipal court did not have jurisdiction to conduct the preliminary hearing, that he was denied counsel, that there was

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insufficient evidence of his guilt, and that the prosecution used unfair methods.

Apparently appellant’s argument that the preliminary hearing was erroneously held in the wrong court is based upon the fact that the offense was committed in Ontario whereas the preliminary hearing was held in the San Bernardino Judicial District. However, the cases of