People v. Peterson

California Court of Appeal Jun 8, 1967 No. Crim. 13033Published

Before: Fourt

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Holding. The court affirmed the defendant's conviction for grand theft, finding that the best evidence rule was not violated by the admission of secondary evidence regarding destroyed documents and that the defendant's pre-arrest statements were not obtained in violation of Miranda.

Issues

Whether the trial court erred in admitting secondary evidence of destroyed registration documents.
Whether the defendant's statements regarding vehicle ownership were obtained in violation of his constitutional rights under Miranda.
Whether the evidence was sufficient to support the conviction for grand theft.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The best evidence rule was not violated in this case for the prosecution established that the registration slip was destroyed by Officer Schnieders.”

“There was no custodial interrogation of appellant when appellant was asked if he was the owner of the ear.”

“The evidence is clear and satisfactory that appellant is guilty as charged in the information.”

FOURT, J.

This is an appeal from a judgment of conviction of grand theft.

In an information filed in Los Angeles April 11, 1966, defendant was charged with feloniously taking a motor vehicle, the property of Allen Auto Leasing Company and William Snow on or about May 12, 1965, in violation of the provisions of section 487, subdivision 3, Penal Code. It was further charged that defendant had six times previously been convicted of felonies and served terms in prison therefor. Defendant admitted three of the charged priors, violations of Vehicle Code, section 503, in 1939 and 1945, and a 1961 conviction for forgery. In a jury trial defendant was found guilty as charged. No finding was made on the remaining three charged prior convictions. Defendant was sentenced to the state prison.

A résumé of some of the facts is as follows:

In May 1965, the Allen Auto Leasing Company owned a gold-colored 1963 Cadillac car with white convertible

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top, license number PAA 427, engine number 63F070669. A 1964 vehicle registration slip contained the license number and engine number as above set forth. The car was returned from a lessee, Block Enterprises, on April 26, 1965, with a small amount of damage on a part of the body. Peter Van Arden, manager of Allen Auto Leasing Company, noted on a company leasing stock card that the ear was to be sent to Western States Body Shop on May 5, 1965, to have the repairs made and the car was so sent to such shop on West Adams Boulevard for the repairs and received by the owner of such shop, William Snow, on May 4, 1965. Snow noted that the repair work was to be on the right rear quarter panel. A shop invoice, dated May 4, 1965, showed that repairs to a 1963 Cadillac, license number PAA 427, would total $109.45. A ledger book of the shop confirmed the receipt of the car on May 4, 1965, and the costs of the repairs.

On or about May 14, 1965, Snow observed that the car was missing from his lot. The dent had been hammered out of the fender, but it had not been primed or painted at that time. On May 15, 1965, Snow reported to Allen Auto Leasing Company that the car was missing. The keys had not been left in the car, although it was not locked. The shop’s ledger noted that the ear had been stolen. Snow gave no one permission to take the car and, up to the time of the trial, the car had not been returned to Allen Auto Leasing Company. The Republic Indemnity Insurance Company paid for the loss of the car in September 1965.

People v. Peterson

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FOURT, J.

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