People v. Smith

In this appeal from a judgment of conviction of grand theft-person in violation of Penal Code sections 486 and 487, subdivision 2, with a sentence to state prison, appellant contends that the imposition of a state prison term for the taking of property of a value of less than $200 from the person of another violates the United States and California constitutional proscriptions against cruel and unusual punishment. Appellant contends also that the trial judge was influenced by bias in imposing the sentence. Concluding that the contentions lack merit, we affirm the judgment.

Having been caught in the act of stealing $22.40 and a bus pass from the person of Mrs. Rose Celona, appellant was charged with grand theft-person. On September 29, 1971, he entered into a Mosley submission of the matter on the transcript of his preliminary hearing and was found guilty of the charge. The matter was continued to October 20, 1971, for sentencing and appellant was allowed to remain at liberty on bail. He failed to appear. A bench warrant issued. Appellant was returned to the trial court on December 17, 1973. After considering a supplemental probation report, the court permitted appellant…