Jones

After a preliminary hearing defendants Bernard Jones, Roy Rogers and Darryl Jones were bound over on a charge of having violated section 10851 of the Vehicle Code on September 28, 1978.

In the superior court all three defendants successfully moved for dismissals of the information. The People appeal. (Pen. Code, § 1238, subds. (a) (1), (a) (7).)

Facts

The victim, Alice Hampton, parked her 1964 Volvo, license OWN 124 on the street in front of her home at 6:15 p.m. on September 27, 1978. She discovered that the car was missing after she received a telephone call at about 3:15 a.m. on September 28. She had not given anyone permission to take the car.

That night at about 3:10 a.m. Officers Wickham and Twohy were on patrol on LaBrea, northbound between Pico and Olympic. They knew nothing about the stolen Volvo. Wickham’s attention was attracted by two southbound Volvos which “appeared to be the same model vehicle, however, one was very clean looking, and the other one had primer spots, dents, a trunk of a different color.” The clean Volvo was the lead car and was yellow. The other Volvo was red. Neither its head nor its tail lights were on and it was following the lead car…