People v. Chacon

FOX, P. J.

In Count 1 of an amended information filed by the District Attorney of Los Angeles County, defendant was charged with a violation of Penal Code section 487, subdivision 3 (grand theft, auto). Count 2 of the information charged a violation of Vehicle Code section 10851. Two prior felonies were also alleged. Defendant pleaded

not guilty

and waived trial by jury. Pursuant to stipulation the matter was submitted to the court for trial upon the transcript of the preliminary hearing. The objections made to the introduction of evidence at the preliminary hearing were deemed to be in effect at the trial, and both sides reserved the right to introduce additional evidence. After the trial defendant was adjudged guilty of the charge in Count 1. Count 2 was then dismissed and the priors were stricken in the interests of justice. Defendant appeals from the judgment of conviction.

The undisputed facts are as follows: at approximately 4 p.m. on September 22, 1961, Mrs. Dorothy Kanowsky parked her ear in the parking lot of Bullock’s department store in Pasadena, leaving the keys in the ignition. When she returned at about 5 p.m. the car was gone.

Also on September 22, 1961, one Shirley Licon was arrested for shoplifting in Bullock’s store in Pasadena. She informed the police that she and the defendant had come to Pasadena together by bus, but had separated after arriving shortly before 4 p.m. She stated that she did not know whether defendant had stolen the car. She also told the police that she and defendant lived at 2240% East Whittier Boulevard with defendant’s mother. The police subsequently had a telephone conversation with defendant in which he stated that he knew Shirley Licon, but that he hadn’t been to Pasadena that day. He also told the police he would be home all evening.

Upon arriving at the defendant’s residence around midnight the officers observed Mrs. Kanowsky’s stolen ear

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parked in the street approximately 100 feet from the apartment. They knocked on the door and when Mrs. Chacon, defendant’s mother, answered, they identified themselves and asked if they could come in and search the apartment. Mrs. Chacon asked if the officers had a warrant and was advised that they did not, but they told her that Shirley Licon, who was in custody, had given them permission to search through her belongings. They entered and were led to Shirley Licon’s possessions which they searched, finding nothing.