People v. Whetstine

FOURT, J.

This is an appeal from a judgment of conviction of violating the provisions of section 10851, Vehicle Code, and an attempted appeal from an order denying a motion for a new trial.

In an information filed in Los Angeles on July 12, 1966, defendant was charged in count I wit-h the grand theft of an automobile belonging to Jean B. Cain on or about June 15, 1966, and in count II with a violation of section 10851, Vehicle Code, in that he did between June 15, 1966, and June 17, 1966, feloniously drive and take an automobile belonging to Jean B. Cain, without her consent and with intent to deprive the owner of title to and possession of said car. A jury trial was waived and defendant was found guilty as charged. A motion for a new trial was denied and defendant was committed to the California Youth Authority. A timely notice of appeal was filed.

A résumé of some of the facts is as follows: Miss Jean B. Cain was the registered owner of a 1966 Mustang automobile, license number STS 323. She parked her car in a parking lot in downtown Los Angeles at about 9 :15 a.m., June 15, 1966. The parking lot attendant saw Miss Cain drive her ear onto the lot. About 15 minutes later the attendant saw defendant standing about 3 feet from the Cain car and about 5 feet from him. While operating another car, the attendant saw defendant driving off in the Cain car. The attendant ran after the defendant and shouted to him to stop. The attendant called the police and gave them a description of defendant and the license number of the car. When Miss Cain arrived at the parking lot at about 5 p.m., she found that her car was not there. She had not given defendant any permission to take the car.

Two days later Officer Groller stopped defendant for a

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traffic violation while defendant was driving the Mustang car. The officer started to make out a citation and when he got to that part of the ticket which sets forth the registered owner’s name, he asked defendant if it was his car and defendant responded that it was his wife’s car, Roger Rodriguez, The officer then looked at the temporary registration slip posted on the right side of the windshield and noted that the name of Jean B. Cain was on it. The officer then walked back to the vehicle he was driving, looked at the “hot sheet” of stolen cars and observed that the license number of the Mustang car was on the ‘ ‘ hot sheet. ’ ’ The officer then advised defendant of his rights and placed him under arrest.