Allen

By information, defendant Robert Allen was charged with a violation of Penal Code section 487, subdivision 1 (grand theft). The date of the alleged offense was March 25, 1975. Defendant entered a plea of not guilty. Trial was by jury. Defendant was found guilty as charged. Probation was denied and he was sentenced to imprisonment in the state prison for the term prescribed by law. Defendant appeals from the judgment.

On March 25, 1975, Mrs. Vivienne Parker resided at apartment 2, 1221 Horn Avenué, in Los Angeles County. According to her testimony, Mrs. Parker first met defendant on a date with him on March 22, 1975. On this first date, she was wearing jeweliy which she valued at approximately $10,000. This jewelry included a gold wrist watch and four diamond rings. Mrs. Parker said that she and defendant discussed this jewelry on this first date; she informed defendant that she did not have insurance on this jewelry but was in the process of having the jewelry appraised.

On the evening of March 24, 1975, Mrs. Parker and defendant went out on their second date. They went first to a restaurant and had dinner and then visited a bar. Both Mrs. Parker and defendant consumed…

Concurring and Dissenting.—I concur in the reversal because of the trial court’s error in admitting defendant’s statements. However, I dissent from that part of the opinion that holds it was errqr for the trial judge to permit the testimony of Mrs. Parker regarding experiments.

*438 I also dissent from the publication of this opinion, because of rule 976(b), California Rules of Court (see my conc. opn. in People v. Reyes (1976) 62 Cal.App.3d 53 [ 132 Cal.Rptr. 848 ]).

Regarding Mrs. Parker’s, testimony, a nonexpert witness is permitted by Evidence Code section 800 to testify concerning these matters: “(a) Rationally based on the perception of the witness; and (b) Helpful to a clear understanding of his testimony.” Permission so to testify properly may have been given by the trial court. (Nolan v. Nolan (1909) 155 Cal. 476, 480-481 [ 101 P. 520 ].) Mrs. Parker testified as follows:

To a juror not familiar with door chains, this would have been, and was, helpful evidence.

The court, without any limitation, permitted cross-examination regarding the experiment.

Furthermore, I cannot concur with the majority’s statement that “the credibility of Mrs. Parker relative to whether the…

JEFFERSON (Bernard), J.

By information, defendant Robert Allen was charged with a violation of Penal Code section 487, subdivision 1 (grand theft). The date of the alleged offense was March 25, 1975. Defendant entered a plea of not guilty. Trial was by jury. Defendant was found guilty as charged. Probation was denied and he was sentenced to imprisonment in the state prison for the term prescribed by law. Defendant appeals from the judgment.

On March 25, 1975, Mrs. Vivienne Parker resided at apartment 2, 1221 Horn Avenue, in Los Angeles County. According to her testimony, Mrs. Parker first met defendant on a date with him on March 22, 1975. On this first date, she was wearing jewelry which she valued at approximately $10,000. This jewelry included a gold wrist watch and four diamond rings. Mrs. Parker said that she and defendant discussed this jewelry on this first date; she informed defendant that she did not have insurance on this jewelry but was in the process of having the jewelry appraised.

On the evening of March 24, 1975, Mrs. Parker and defendant went out on their second date. They went first to a restaurant and had dinner and then visited a bar. Both Mrs.…