Morrisson

This is an appeal by defendant Dennis Morrisson from a judgment convicting him of violating section 10851 of the Vehicle Code (auto theft), in that defendant unlawfully drove and took a 1973 Volkswagen belonging to a Mr. Steven Welch. Appellant contends the trial court erred in failing to instruct sua sponte on the proper use of uncharged criminal acts and on circumstantial evidence. We disagree and affirm the judgment.

On October 2, 1977, at approximately 3 p.m., Mr. Steven Welch parked his 1973 Karman Ghia, license plate number 866 GKL in his driveway located at 604 Monticello Road in Napa. He left the car unlocked and the key in the ignition as was his custom.

On October 3, 1977, at about 5 a.m., Officer Robert Burden of the Suisun Police Department observed a Karman Ghia being driven at an accelerated rate of speed. The officer followed the car and observed the car pull to the side of the road. He then saw the driver get out, bend down and look under the car and begin working on the car. The officer approached the vehicle and asked the driver the nature of the difficulty. The driver, appellant, replied that he was working on a gearshift lever. Having knowledge that…