Splawn

A jury found defendant guilty of the charge of disposing of insured property with intent to defraud an insurance company. (Pen. Code, § 548.) He was granted two years’ probation on condition he serve 30 days in San Bernardino County jail. On appeal he contends: (1) the evidence was insufficient to support his conviction; and (2) the trial court failed fully to instruct the jury.

Statement of Facts

Michael Velarde, a “special employee” working undercover for the San Bernardino Sheriff’s Department, received a telephone call from a man who called himself “Dennis.” The call was in response to a contrived newspaper ad placed by the sheriff’s department soliciting buy-sell transactions. The man making the call, the defendant, said he wanted to sell his Camaro Z28, report it stolen, and receive the insurance proceeds. He added that he could not afford the car payments. Velarde met the defendant in a grocery store parking lot that afternoon. Velarde was equipped with a miniature microphone and radio transmitter which was monitored and recorded by a police vehicle nearby. He offered $900 for the car and defendant agreed to sell it the next morning. An extra set of keys was made…