Adams

Defendant was convicted by jury of a violation of Penal Code section 496. The exact language of subdivision 1 of that provision is involved in the issues on appeal and accordingly is set out verbatim:

Defendant’s contentions on appeal may be summarized as follows: (1) the refusal to subpoena certain witnesses violated defendant’s statutory and constitutional rights to call witnesses in a criminal case; (2) defendant was not afforded adequate time in which to prepare for trial on the amended information; (3) defendant’s trial counsel was incompetent; (4) Penal Code section 496 is unconstitutional and; (5) the sentence imposed is unconstitutionally excessive.

We shall consider defendant’s contentions after summarizing the facts of the case which are pertinent to the appeal.

Facts

On the afternoon of August 30, 1973, defendant, together with two children, was in Judy’s Apparel Shop in Roseville. They were in the store about 10 or 15 minutes. The proprietress did not watch the children as they moved about in the store but she watched defendant. The children left the store and defendant left shortly thereafter. Just before he left he purchased one item, a ladies’…