In Re Schiering

The People appeal from an order of the appellate department of superior court granting the petition of Maiy Loretta Schiering for habeas corpus. Defendant Schiering was originally convicted in municipal court, pursuant to jury verdict, on charges of petty theft (Pen. Code, § 484) and sentenced to 30 days in the county jail. Execution of sentence was stayed and she was placed upon one-year summary probation upon condition that she pay a total fine and penalty of $125. Defendant Schiering filed an appeal and concurrently filed a petition for habeas corpus with the appellate department of superior court. The appellate department granted her petition, directed the trial court to set aside the judgment of conviction and dismissed as moot her appeal. From this order the People have appealed.

Facts

Sheryl Hufstedler testified that on November 16, 1976, she was an employee of Shaw Investigation and Security and was assigned to apprehend shoplifters at a Sav-On Drug Store in Santa Monica.

At approximately 6 p.m. on that date Ms. Hufstedler’s attention was directed to defendant Schiering who had a very large basketpurse inside her shopping cart. Ms. Hufstedler noticed that the…