People v. Terry

THE COURT.

By information filed by the district attorney Helen Terry was charged in Count I with burglary in violation of section 459 of the Penal Code in that on or about September 27, 1960, she entered the store of J. C. Penney Company in Pomona with the intent to commit theft. In Count

[605]

II she was charged with committing a theft, at that time and in that store, of men’s suits of a value in excess of two hundred dollars. In Count III she was charged with the crime of petty theft with a prior conviction of petty theft in violation of section 667 of the Penal Code at the same time and place. She was also charged with three prior offenses: (1) a violation of section 11500 of the Health and Safety Code on August 28, 1951; (2) the crime of burglary on July 28, 1952; and (3) the crime of petty theft with a prior conviction of petty theft on August 11, 1953.

Defendant was represented by the public defender and pleaded not guilty and denied the prior convictions. Defendant personally and all counsel waived trial by jury. The cause was submitted on the testimony contained in the transcript of the proceedings at the preliminary hearing in the municipal court with each side reserving the right to offer additional evidence.

At the commencement of the trial the judge directed that the record show that pursuant to the stipulation he had read the transcript of the testimony taken at the preliminary hearing. Additional evidence was offered by both the People and the defendant. Defendant testified in her own behalf. She was found guilty on Counts I and III. Count II was dismissed on motion of the district attorney. The third prior charged, that of petty theft with a prior conviction of petty theft, a felony, was found true. No findings were made with respect to the additional prior convictions. Probation was denied and defendant was sentenced to state prison for the term prescribed by law with respect to each count, with sentences as to each count to run concurrently with each other and concurrently with the sentence which defendant was currently serving in the county jail.

Defendant applied for appointment of counsel to assist her on the appeal. This court, having made an independent investigation of the record and having determined it would be neither advantageous to defendant nor helpful to the court to have counsel appointed, denied the application whereupon defendant prosecutes this appeal in propria persona. Defendant was notified and given ample time to file a brief. None has been filed, however, we have given the appeal full consideration.