People v. Farrant

FOURT, J. This is an appeal from a judgment of conviction of grand theft of an automobile.

In an information filed in Los Angeles on August 22, 1967, defendant was charged with taking the automobile of Irving Shapiro on or about May 29, 1967, or May 30, 1967; in count II he was charged with receiving stolen property (the automobile mentioned) on or about June 3, 1967. Defendant pleaded not guilty and upon stipulation of all counsel and defendant the cause was submitted on the testimony contained-in the transcript of the proceedings had at the preliminary hearing and the exhibits received in evidence at the preliminary hearing. Defendant was found guilty as charged in count I (grand theft) and not guilty as charged in count II. Probation was denied and defendant was sentenced to the state prison. A timely notice of appeal was filed.

[717]A résumé of some of the facts is as follows: on Monday, May 29, 1967, Irving Shapiro drove his blue 1962 Jaguar automobile, license number LZP074, identification number J62P221152DN to his place of business at 7033 Sunset Boulevard in Los Angeles and parked the car at about 10 a.m. in his garage. Shapiro left his place of business at about 7 p.m. that evening and the car was still in the garage. He did not drive that car away. On Tuesday, May 30, the day following, Shapiro went to work at his place of business at about 10 a.m. and the Jaguar car was gone from the garage. No one had been given permission to use or remove that car from the garage and never at any time had Shapiro given defendant or his wife permission to drive or use either of his automobiles.

Dale Hall was the owner and operator of an automobile body repair and paint shop in Whittier, California. On Saturday afternoon at about 5 p.m. of June 3, 1967, defendant and his wife drove Shapiro’s Jaguar into Hall’s shop. Defendant occupied the right front passenger seat of the car. Hall previously had been introduced to defendant, however, he had never done any work for him. Defendant got out of the Jaguar as Hall walked toward them and defendant asked Hall “to paint their ear” and then asked “what it would cost for a paint job for this car.” Defendant wanted to know from Hall if Hall “could paint his car and how soon” and stated that “He just didn’t like the color on it and he needs the money to pay for attorney’s fees,” that he “wanted it to look good to sell it” and that he “had a buyer looking for it.” Hall told defendant that ‘‘ it was a shame to paint this car it was too beautiful.” Defendant however said he wanted it painted because then it would be easier to sell. At first defendant told Hall that he needed money for some attorney’s fees and then that he wanted to sell the car so he could get some money and then that he did not like the color. Defendant and his wife looked through a color book or chart and upon her selecting a color she apparently liked defendant signed a work authorization order to paint the J aguar.