People v. Isaac

THE COURT. Kenneth Thomas Isaac and Richard Vasquez were accused by information of grand theft, consisting of the theft of aluminum ingots of the value of $4,864.40 from Triple A Metalcraft Corporation. Vasquez pleaded guilty; Isaac pleaded not guilty. In a non jury trial Isaac was adjudged guilty and was sentenced to state prison. He appeals from the judgment in propria persona.

For a variety of reasons urged by appellant in a flood of communications received from him from the prisons in which he has been incarcerated, his time for filing an opening brief was extended for more than a year. He has filed a comprehensive brief.

[377]Appellant advances nine reasons for reversal of the judgment. All are wholly lacking in merit and only three relate to legitimate grounds of appeal. They are a claim of insufficiency of the evidence of guilt, unlawful discovery of the stolen property and claimed denial of the assistance of counsel at the trial.

At the trial appellant was represented by a deputy public defender. There was evidence of the following facts. A large number of aluminum ingots with a value of $4,864.40, the property of Triple A Metalcraft Corporation in Los Angeles, were stolen. Charles A. Foster, a police officer of the city of Vernon, halted a speeding automobile, the rear end of which was almost dragging on the ground. The driver, one Frank Cruz, had no operator’s license and was not the owner of the car. There were three passengers, including Vasquez and Isaac. In plain sight in the car were 6 aluminum ingots and in the trunk of the car 22 of the same type. Isaac stated that he did not know where the ingots came from. After further questioning by the officers the four occupants of the car were arrested on suspicion of theft. Officer Maraist of the Los Angeles Police Department interviewed Vasquez and Cruz in the presence of Isaac. Vasquez stated that he and Isaac had stolen a load of ingots and had taken them to Isaac’s house. Several times when questioned whether Vasquez’ account of the theft was true appellant stated that it was correct; he had asked two other persons to transport the ingots to a junk yard for sale, and that they were being so transported at the time of the arrest. The statements of Vasquez and Isaac were made voluntarily. Officer Arabian questioned Isaac with respect to his home address. Isaac stated that he wanted to tell the officer where the rest of the ingots were; he gave the officer his sister’s address; at that address the officer found 18 more ingots in a shed in the yard. All the ingots in question were of a special type and bore marks from which they were identified by witnesses as the property of Triple A Metalcraft Corporation. Isaac did not testify and no evidence was introduced on his behalf.