Wielograf

Defendant appeals from an order granting probation after jury verdict finding him guilty of receiving stolen property in violation of Penal Code, section 496, subdivision 1. He contends that the trial judge prejudicially erred when he failed to instruct the jury sua sponte that the intent to return the property to its true owner is a defense to said charge and, alternatively, that he was denied the effective assistance of counsel in that trial counsel failed to offer an instruction on innocent intent. We conclude that the contentions are without merit and we affirm the order.

Summary of the Evidence

Sometime Sunday night, May 28, 1978, an antique, fully restored, “Arabian Sand” 1929 Model A Ford with orange wheels and black fenders, worth $8,000 was stolen from the parking lot of the Marriott Inn, in Santa Clara County, where its owner, Lee Hoskins, had parked and locked it. Taken with the car were valuable automobile spare parts, tools, and documents showing the owner’s name and address.

Later that night Calvin Orr and Gary Tate arrived with the Model A at defendant’s residence in the City of Santa Clara. They had been friends with defendant for about 12 years; both…