People v. Danielson

[330]

KAUS, J.

Appellant was found guilty of a violation of Penal Code, section 647a, subdivision 1. Appellant admitted a prior conviction of violating Penal Code, section 288, alleged in the information. The court granted probation for a period of three years on condition that the first eight months be served in the county jail. Appellant filed his notice of appeal in propria persona, and while he does not state from what he appeals, we treat this as an appeal from the order granting probation.

While walking to a friend’s house at 6:30 p. m. on a Saturday in November 1963, a 7-year-old boy was accosted by a man whom he did not know, but later identified as appellant. While walking approximately 10 feet in back of the boy, appellant said, “I’ll give you five pennies if you will let me see your pee-wee. ” The boy stopped, turned around and said, “No.” Appellant then said, “Ten cents.” Appellant kept on talking, and the boy started to walk away. Appellant said, “Wait a minute, ten cents.” The boy ran away and went home where he told his sister and then his father what had happened. The boy and his father went looking for the man, and upon reaching an intersection they saw appellant. The boy identified appellant as the man who had accosted him. After being informed of what had happened the police interrogated appellant. They took the boy to the appellant’s trailer where he again identified appellant as the man who had spoken to him. Appellant’s voice sounded like the voice he had heard earlier in the evening, and appellant’s clothes were similar to those worn by the man who had accosted him.

Officer Joseph testified to two conversations that he had with appellant. The first conversation took place at appellant’s trailer on the evening of the incident. Appellant denied that he had been out of the trailer all day. Officer Joseph informed the appellant that he was being charged with an offense and asked him to go to the police station for further conversation and for a lineup. Appellant refused to go. Some three days later, about a day or a day and a half after appellant was arrested, Officer Joseph had another conversation with him. At that time appellant said that he could not recall whether he had offered the boy any money or anything; that he may have said “Hello” to the boy, but that would be all.