Thomas

Defendant, James Erving Thomas, appeals from a judgment entered following a jury trial convicting him of grand theft in violation of Penal Code section 487, subdivision 3. He challenges his conviction, alleging: 1) he was not advised by the trial court of his privilege against self-incrimination; 2) he was denied effective representation by trial counsel; 3) the court improperly refused his proffered instruction to the jury regarding petty theft as a lesser included offense under section 487, subdivision 3; 4) he was denied due process, as the arraigning court set excessive bail; and 5) the unconstitutionality of Penal Code section 487, subdivision 3.

The undisputed facts are as follows: Prior to May 12, 1973, defendant worked as a part-time employee on a dairy ranch in Santa Rosa. On Friday, May 11, 1973, two calves were born on the ranch. The next day they were brought to the barn and placed in a pen for new calves. On Sunday, May 13, while defendant and James McCoy were playing cards at a local bar, defendant offered to sell two calves to McCoy. Defendant and a friend then drove to the dairy, obtained the two new-born calves, and brought them back to the bar for…