People v. Parmenter

[510]

SHEPARD, J.

Defendant was charged with the crime of driving an automobile without the owner’s consent (violation of Veh. Code, § 10851), and with a prior felony conviction of a similar offense (violation of Veh. Code, § 503). Defendant and his counsel, and the district attorney, in open court, waived trial by jury, and trial was had before the court sitting without a jury.

During trial, it was discovered that defendant had been sentenced to the Youth Authority on the alleged prior conviction during the year 1958. The allegation of the prior conviction was thereupon, on motion of the district attorney, dismissed. The court, at the trial, found defendant guilty as charged, sentenced him to state prison, and defendant appeals in propria persona “from the decision.”

In the interest of justice, for the purposes of this appeal, we will consider the notice of appeal sufficient and treat the cause on its merits.

The facts as shown by the record before us are as follows: During the night of October 10-11, 1959, a blue and white, two-door Buick sedan, year model 1955, license number CWR 786, was taken from the used car lot of San Bernardino Foreign Imports Company, owner, without its consent, at 4th and F Streets, San Bernardino. In the early morning hours of this same night, while still dark, and apparently between 4 and 5 o’clock a. m., Police Officers Huntsman and Wingrove were momentarily parked in their separate patrol cars on F Street, about one block south of said used car lot. They saw a car coming South on F Street with lights out. The officers pursued the car into a side street, and less than a block away from their starting point came upon it while it was still moving, with the door on the driver’s side open, with the defendant 4 or 5 feet away, running. Jumping out of their cars, they ran after defendant, Officer Wingrove in the lead. The chase went across a parking lot and into a short, blind alley. Officer Wingrove, during the chase, firing his revolver into the air, called to defendant to halt, but defendant continued running. Defendant was wearing a light-colored jacket and dark trousers. He was 20 years of age. Officer Wingrove momentarily lost sight of defendant, but in a few seconds, by the aid of his flashlight, discovered him in a crouching position at the back end of the alley. Asked several times by Officer Wingrove where he stole the car, defendant at first said, “What car?” and to later questions gave no reply. He did not then deny the taking of the automobile. When asked what