People v. Aiken

California Court of Appeal Nov 4, 1963 No. Crim. 8434Published

Before: Files

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Holding. The court held that a conviction for theft by false pretenses is supported where a property interest in a vehicle passes between parties, even if statutory registration requirements are not fully met or the seller retains a security interest.

Issues

Whether there was a sufficient transfer of property to support a conviction for theft by false pretenses regarding an automobile transaction.
Whether failure to comply with Vehicle Code registration requirements prevents the passage of title sufficient to support a theft by false pretenses conviction.

Disposition. affirmed

Quotations verified verbatim against the opinion

“As between the parties, a property interest passed.”

“Our attention has not been called to any authority requiring that in order to support a conviction for theft by false pretenses the title acquired by the fraud be perfect or complete.”

[46]

FILES, J.

Defendant was convicted of grand theft of an automobile and appeals from the judgment.

The sole question is whether there was a sufficient transfer of property to support the conviction upon the theory of theft by false pretenses.

The evidence was sufficient to allow the jury to find that the transaction occurred as follows:

On November 19, 1961, an automobile dealer named Marcel Sap agreed to sell defendant a 1959 Thunderbird in exchange for a 1953 Plymouth, a 1960 Ford, a 1956 Oldsmobile and $166.54 in cash. Defendant delivered the Plymouth and the cash. The purchase order was marked “Paid in full by check November 19, 1961.” Defendant promised to go to San Francisco, where the Ford and the Oldsmobile were located, and deliver them to Sap the following day. He represented that the Ford and Oldsmobile were in “front-line” condition. Actually, defendant had no intention of delivering either vehicle to Sap. He had recently sold the Oldsmobile to someone else, and the Ford had been so badly damaged by fire that it had little value. At defendant’s request Sap delivered the Thunderbird to defendant’s friend Gloria, who was to be the new owner.

Sap did not possess a certificate of ownership for the Thunderbird, but he did have an application for a duplicate certificate, signed by his predecessor owner. Before taking possession of the Thunderbird, Gloria signed her name on this application as the new registered owner. Gloria took possession and Sap did not see the Thunderbird again until he repossessed it weeks later.

On November 20 Sap mailed to the Department of Motor Vehicles a written notice in conformity with Vehicle Code, section 5901, stating that he had sold the Thunderbird to Gloria. Sap did not send the ownership certificate application to the Department of Motor Vehicles until November 30. By this time he was suspicious because the Ford and the Oldsmobile had not been delivered, so he inserted his name as legal owner, in addition to Gloria as registered owner.

The trial court instructed the jury upon the elements of theft by false pretenses but, for reasons not disclosed in the record, refused to instruct on theft by trick and device. False pretenses, as distinguished from theft by trick

People v. Aiken

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FILES, J.

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