People v. Soranno

Opinion

HERNDON, J. Appellant was charged in count I of the information with grand theft auto (Pen. Code, § 487, subd. 3), and in count II with taking and driving an automobile without the consent of the owner and with the intent to deprive the owner of title to and possession of the automobile (Veh. Code, § 10851). Three prior felony convictions were alleged.

Appellant personally and his counsel joined in waiving his right to a jury trial and his rights to confront and cross-examine witnesses. Pursuant to stipulation of counsel, to which appellant gave his personal approval, the People’s case was submitted on the transcript of the preliminary hearing. The testimony of appellant and of one other witness was introduced by the defense.

The court acquitted appellant of the grand theft charge and found him guilty of the offense charged in the second count. Appealing from the judgment, appellant states his contentions as follows: “(1) There is insufficient evidence to sustain the judgment of conviction. (2) Whenever a case is submitted on the transcript of a preliminary hearing, the accused must be advised of his right to cross-examine his accuser, and in the absence of such advice and a waiver of said right, which must appear in the record, the judgment must be reversed.”

Summary Of The Evidence

At about 8:30 a.m. on December 15, 1969, Diane Reyes parked her “Sixty-six Super Sport Malibu” automobile, license number SVL-431. After work at 5:20 p.m. on the same day, she returned to the place where she had parked her automobile. It was gone. She did not know appellant, and had not given him permission to take her automobile.

On December 27, 1969, Sergeant James Wilson of the Los Angeles City Police Department was assigned to the traffic enforcement division. [315]At about 11:15 p.m. on that date he observed appellant make a U-tum causing two cars to brake and stop to avoid hitting him. Appellant was driving a 1966 model automobile matching the description given by Mrs. Reyes and bearing license number SVL-431.

Sergeant Wilson stopped appellant and asked him for his driver’s license and his vehicle registration. Appellant produced his driver’s license, but was unable to produce the vehicle registration. Appellant was placed under arrest when a “Want and registration check” revealed that the vehicle was stolen.