Nosler

An information filed on March 26, 1982, accused defendants, Rodney Owens and Gerald E. Nosier, of violation of Penal Code section 487, subdivision 3 (grand theft animal). Pursuant to section 12022.6 it was further alleged that the value of the animals taken exceeded $25,000.

The court heard jointly defendants’ motions to dismiss the information (§ 995) and to suppress (§ 1538.5) on May 17 and 19. The court denied both motions on May 19.

Defendants’ jury trial began on May 25. On June 1, 1982, the jury returned its verdict finding defendants guilty of the theft and finding the enhancement to be true. Both defendants filed timely notices of appeal.

Facts

A cattle auction was held on December 12, 1981, at the Madonna Ranch near Turlock. Both defendants attended the auction, but only Nosier registered as a bidder. Photographs were taken showing both defendants at the auction. Approximately 3,000 head of cattle were sold that day, Richard Mooney buying 621 of them.

Late that evening three trucks picked up 207 cattle from the Madonna Ranch, the drivers claimed to be hauling for Mooney. In fact, Mooney had not requested the drivers to pick up his cattle. The drivers were…