People v. Froehlig

Opinion

NEWSOM, Acting P. J. After a jury trial, appellant was convicted of unlawfully taking or driving an automobile (Veh. Code, § 10851) and resisting arrest (Pen. Code, § 148). The vehicle in question, a 1965 Volkswagen, was stolen from the front yard of the home of James Love in Santa Rosa on July 3, 1989. Appellant was found in possession of the vehicle when detained by the police the next day. Appellant testified that he bought the Volkswagen from a man named “Jim Love” for $200 at Monte Rio Beach. [263]His testimony was corroborated by John Davis, a friend who was with appellant on the day of the purported purchase. At the time of trial, Davis was in custody in the California Rehabilitation Center in Norco. In cross-examination, Davis admitted that he had been “convicted of a civil commitment.”

Appellant’s first contention is that the trial court erred by requiring defense witness Davis to testify while dressed in prison clothes. The prejudice resulting from the appearance of Davis in jail clothes was exacerbated, claims appellant, by the trial court’s pronouncement to the jury that the witness was “in custody.” The net effect, he maintains, was to destroy the credibility of a critical defense witness.

The record shows that on Friday, April 13,1990, appellant moved for and was granted an order for the production of Davis, who was then in custody in the California Rehabilitation Center in Norco for treatment of addiction following a guilty plea to an unspecified felony. Davis was scheduled to be produced the following Tuesday, April 17, but that day defense counsel learned Davis would not arrive until April 18, around 10:30 a.m., and so informed the court. The proceedings were recessed early on the 17th to await the arrival of Davis, who appeared the following day as scheduled. When court reconvened at 1 p.m. on April 18th, defense counsel asked to “see how he’s dressed before the jury comes in.” A further request was made that if Davis appeared in jail clothes, the defense would be permitted to have him “dressed out in proper clothing.” The trial court denied the motion, stating: “However he’s dressed he’s dressed. We are not going to delay the proceedings any further to try to find him clothes.”

Just before the witness appeared at trial, the court advised the jury: “Ladies and gentlemen, Mr. Davis is in custody. It’s going to take a couple minutes to get him over here and then we’ll proceed.” During his testimony, Davis admitted that he had previously suffered a felony conviction,1 and was presently serving a “civil commitment” which was to terminate in August of 1990.