People v. Verbiesen

Opinion

FRAMPTON, J.*

Statement of the Case

Defendant was charged by information with two counts of grand theft (counts 1 and 2) involving motor vehicles (Pen. Code, § 487, subd. 3), and with two counts of receiving stolen property (counts 3 and 4, Pen. Code, § 496), relating to the same motor vehicles alleged to have been stolen in [940]counts 1 and 2 of the information. Defendant’s motion to dismiss under section 995, Penal Code was denied. A plea of not guilty was entered. A motion to suppress evidence under section 1538.5 of the Penal Code, submitted on the transcript of the evidence taken at the preliminary examination, was denied.

A jury trial was duly waived, and the cause was submitted on the transcript of the evidence taken at the preliminary examination. A second motion to suppress was made under section 1538.5 of the Penal Code, and was denied. The defendant was found not guilty on counts 1 and 2 and was found guilty on counts 3 and 4.

A probation report was ordered and at the time set for hearing on the matter of probation, the trial court referred the matter to the Director of the Department of Corrections for review regarding placement of the defendant pursuant to the provisions of section 1203.03 of the Penal Code, and continued further proceedings. Upon defendant’s return from the Department of Corrections, probation was denied, and he was sentenced to state prison on each of the counts 3 and 4 of the information, such sentences to run concurrently with each other. The appeal is from the judgment.

Statement of Facts

On February 19, 1968, Joseph Hajec, who resided at 1200 Riverside Drive in the City of Burbank, was the owner of a 1967 Jaguar, bearing license plate number TVG 655. At 8 p.m. of that day, he parked his car at 3251 Cahuenga Boulevard, just off the Hollywood Freeway, and locked it. He returned at 10:30 p.m. to where he had parked his car and found it missing. He had given no one permission to take the car. Mr. Hajec’s vehicle registration, number A 2319306 (exhibit 1), was in the car when he parked it.

For approximately two years prior to March 1968, Mrs. Edmond Shaffer had rented a private garage owned by her to one Richard Dagress. About February 1968, Mr. Dagress asked to transfer his tenancy from a garage that he was then renting from Mrs. Shaffer to a private garage owned by the latter at 1506 Glendale Boulevard in the City of Los Angeles. Dagress paid the rent on these premises for the period of February 21 to March 21, 1968.