Rodriguez

People v. Rodriguez

Good Law
10 Cal. App. 3d 18·1970 Cal. App. LEXIS 1815·88 Cal. Rptr. 789
Court of Appeal of CaliforniaJuly 29, 1970Crim. 7452California6,409 words

Opinion

Opinion

Molinari, J.

Defendant appeals from a judgment entered and sentence imposed following a jury verdict finding him guilty of petty theft. The information also alleged four prior convictions of petty theft, which defendant admitted prior to trial. By reason of said prior convictions and the sentence imposed in the instant case, defendant stands convicted of a felony. (Pen. Code, § 666.) None of the contentions made by defendant have merit and we accordingly affirm the judgment and sentence.

The Facts

Walter Hoch, owner of Ralph’s Appliance Shop in Hayward, testified as follows: That at approximately 6:30 p.m. on September 13, 1967, a customer entered his store. Shortly thereafter a second man entered the store. The latter picked up a crated portable television set and went out of the store. Hoch pursued him for some distance to a “green ’58 to ’60 Chevy or Oldsmobile”' where the man threw the set into the open trunk of the car and then jumped into the car on the passenger side. The car then sped away. Hoch returned to the store and called the Hayward police, who arrived shortly thereafter. Hoch described the person and the getaway vehicle to the police. Hoch also informed the police…

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