Harris

People v. Harris

Bad Law
139 Cal. Rptr. 778·1977 Cal. App. LEXIS 1674·71 Cal. App. 2d 959·71 Cal. App. 3d 959
Court of Appeal of CaliforniaJuly 25, 1977Docket Nos. 2732, 2736California4,035 words

Opinion

Opinion

Brown, J.

Appellants, James Earl Harris and Barbara Jean LeMaster, were jointly tried and convicted of nine counts of possession of articles with defaced or obliterated serial numbers or identification plates in violation of Penal Code section 537e. The juiy was unable to arrive at a verdict on a charge of receiving stolen property (Pen. Code, § 496).

The nine counts of violating Penal Code section 537e upon which appellants were convicted were for possessing the following items: Coronado television (count two), Zenith portable color television (count three), Electrophonic modular stereo set (count four), two wood speakers (count five), two wood speakers (count six), Wheel tape deck (count seven), portable black and white television (count eight), JVC black and white television (count nine), digital clock radio (count ten).

All of these articles were seized from a residence pursuant to a search warrant on the day of and shortly after appellants’ arrest. The jury impliedly found the residence was jointly possessed by appellants.

The trial judge suspended the imposition of sentence and placed appellant Harris on probation for three years and as a condition thereof ordered that he…

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