People v. Greenfield

FOURT, J. This is an appeal from a judgment of conviction of burglary in the second degree (Pen. Code, § 459) and of receiving stolen property (Pen. Code, § 496).

[683]In an information filed in Los Angeles on October 31, 1966, defendant was charged in count 1 with burglary in that he did on August 30, 1966, enter the Broadway Department Store, in West Covina, with the intent then to commit a felony, namely, a violation of section 484a, subdivision (b) (6), of the Penal Code, and in count 2 with receiving stolen property in that he did on August 30, 1966, receive personal property knowing the same to have been stolen from the owner, Robert Anderson. It was further charged that defendant previously had been convicted of burglary on October 23, 1953, in Alameda County and served a term therefor in prison, that he had been convicted of assault with a deadly weapon in Alameda County on March 11, 1955, and served a term therefor in prison and that he has been convicted of a violation of section 4390 of the Business and Professions Code, in Solano County on March 10, 1960, and served a term therefor in prison. Defendant pleaded not guilty to counts 1 and 2 and ultimately admitted the three charged prior convictions. In a jury trial defendant was found guilty as charged. Probation was denied and defendant was sentenced to the state prison as to count 1; the sentence on count 2 was “stayed pending appeal” and it was ordered that following “the service of any sentence the Adult Authority pronounces on count 1 and at the completion of any sentence on count 1 the stay is to become permanent.” Defendant filed a timely notice of appeal from the judgment and an attempted appeal from the order denying a motion for new trial. Under the circumstances there is no appeal from the order with reference to the motion for a new trial and that purported appeal is dismissed.

A résumé of some of the facts is as follows: Robert Anderson on August 29, 1966, had certain credit cards in a wallet in his jacket pocket. About 3 p.m. he removed his jacket, hung it on a chair, and left the room where he was hanging some electric light fixtures. Anderson gave no one permission to remove the cards from his jacket or to use them in any way. The cards were missing from his jacket when he left the job about 5 p.m. Anderson reported the loss to the police the next morning. Among the cards were two BankAmericard cards, one of which was signed by Anderson and the other of which was unsigned.

Anderson received a bill for some clothing purchased on his Broadway Department Store (hereafter referred to as Broadway) credit card from the Broadway, West Covina. The amount of the purchase was shown as $24.87 and the date was