People v. Brown

JEFFERSON, J. In an information filed by the District Attorney of Los Angeles County, defendant was charged with the crime of petty theft with a prior conviction of a felony, in violation of section 667 of the Penal Code. The prior conviction was for the same offense with which defendant is now charged, namely, petty theft with a prior conviction of a felony. Defendant pleaded not guilty and denied the prior conviction. Trial was by the court, trial by jury having been duly waived by defendant. Pursuant to stipulation of defendant and all counsel the cause was submitted to the [129]court on the testimony contained in the transcript of the proceedings had at the preliminary hearing. The trial judge indicated for the record that he had read and considered the evidence had at the preliminary hearing.

Defendant did not testify in his own behalf. He was found guilty as charged. Probation was denied and defendant was sentenced to the state prison for the term prescribed by law. Defendant prosecutes this appeal from the judgment of conviction. Application was made by defendant for appointment of counsel to assist him on appeal. This court, having made an independent investigation of the record and having determined that it would be neither advantageous to defendant nor helpful to this court to have counsel appointed, denied the application, whereupon defendant prosecutes this appeal in propria persona. Defendant was notified and the time to file a brief was extended to January 3, 1963. None has been filed. We, however, have given the appeal full consideration.

At the trial it was stipulated by all counsel that there would be received in evidence a certificate from the State of California Department of Corrections dated March 13, 1962, which stated that James Edward Brown was received by that department on December 20, 1941, under commitment from the Superior Court of Alameda County for the offense of petty theft; that on January 28, 1944, he was returned as a parole violator to finish his term; that on February 18, 1944, his parole was suspended and his term was fixed at five years, the five years to run concurrently; and that on October 9, 1944, he was discharged. Attached to the certificate was a fingerprint exemplar, a photograph, and two pages of copies of the minutes of the court proceeding.

It was further stipulated that these documents, marked People’s 1 for identification, were the records of the defendant in this case. These exhibits were received in evidence by the court.