People v. Dodd

SHINN, P. J.

In a nonjury trial appellant Dodd was convicted of second degree burglary. He was charged with and admitted a prior conviction of a felony for which he served a term in prison. He appeals from the judgment and from an order denying his motion for a new trial.

Upon the request of appellant for appointment of counsel this court appointed Edwin D. Jones, Jr., a member of the voluntary committee of the Los Angeles Bar Association on Criminal Appeals, with a request that he make a full report to the court after a study of the record and file a brief on behalf of the appellant if he should entertain a doubt that appellant was given a fair trial or whether any arguable ground exists for reversal of the judgment. Such report has been received, with counsel’s statement that in his opinion no such ground of appeal exists. The report is considered as a substitute for a brief and does not call for a reply. From our examination of the record we are in full agreement with the conclusion stated in the report of counsel.

We have examined the record and find that during the trial the court made no rulings upon the admission or exclusion of evidence which were adverse to the defendant. There remains for consideration only the question whether there was substantial evidence that the crime charged was committed by the defendant. One Gonderman was jointly accused of the burglary and his case has been handled in the juvenile court. He was a witness for the People and implicated Dodd in the burglary. The question of the sufficiency of the evidence relates to that which tended to corroborate the testimony of the accomplice.

Gonderman testified that he had known defendant Dodd for 12 years; in May, 1951, he and defendant, looking for work on tunnel construction, drove in defendant’s car from Los Angeles to Santa Barbara and thence to San Marcos Pass in the same area; they slept for two nights by the side of the road in the San Marcos Pass; they stopped at the Cold Springs Tavern and were directed to Paradise Camp where cabins were available; they discussed going to Paradise Camp to get

[684]

blankets and whatever else could be found from an empty cabin in order to improve their roadside sleeping conditions; they found a relatively isolated cabin and defendant taped a window and broke it with his fist; defendant stood on a small stand below the window and after picking out the remaining pieces of glass, broke the inside screen and took it out; Gonderman then boosted the defendant through the opening and followed him; it was about 10 o’clock p. m. and there were no lights in the cabin; defendant and Gonderman used small wooden matches to see their way around; in the bedroom which they entered they picked up a stack of blankets, went to the kitchen and got silverware, a hot plate, pots and pans, and, from thé living room, two large cushions. Defendant climbed back out the window and Gonderman handed the various articles to him; when the deputy sheriff arrested defendant on the morning of May 17th Gonderman was seated in defendant’s car; at the time there were no keys in the car.