People v. Ferguson

FOURT, J.

This is an appeal from a judgment of conviction of a violation of section 10851, Vehicle Code.

In an information filed in Los Angeles on February 3, 1966, defendant with Thomas Reed was charged in count I with grand theft, in that they did on January 8, 1966, feloniously take the motor vehicle of David M. Culver; in count II they were charged with feloniously taking and driving the automobile of David M. Culver on January 8, 1966, without the consent of Culver and with intent to deprive him, the owner, of title and possession of the vehicle in violation of the provisions of section 10851, Vehicle Code. Reed pleaded guilty to count II of the information. Defendant pleaded not guilty to each of the counts and in a non-jury trial was found guilty of count II and not guilty of count I. Defendant was sentenced to the state prison. A timely notice of appeal was filed.

A résumé of some of the facts is as follows: On January 8, 1966, at about 8 :30 p.m., David Culver parked his 1952 Chevrolet automobile, license number NTD 289 in a grocery store parking lot at 6011 South San Pedro Street in Los Angeles County. He gave no one permission to take the car. Culver returned to the parking lot at about 9 -.45 p.m. the same evening and his car was gone. At about 3:45 a.m., January 10, 1966, Officer Brath of the Los Angeles Police Department saw Ferguson standing beside a parked 1952 Chevrolet ear, license number NTD 289. Ferguson and Reed were attempting to place a television set into the rear seat of the vehicle. Officer Brath stopped and questioned defendant and Reed with reference to the television set. The officer noted that the door to the residence at 242 North Hoover Street was open. Ferguson told the officer that he knew the person who lived at 242 North Hoover Street and that such person had instructed him to get the television set from his house. The officer called a telephone number where the man who owned the residence at 242 North Hoover could be reached and ascertained from him that he had not given defendant and Reed permission to take the television set. The officer thereupon placed defendant and Reed under arrest for burglary. After being advised of his constitutional rights, defendant was asked where he got the automobile and he answered that he got it that night from a

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friend of his named Johnny but that he did not know where Johnny lived.