Hemmer

By information appellant Charlene Hemmer was charged with one count of grand theft in violation of Penal Code, sections 484-487, and with one count of unlawfully driving or taking an automobile in violation of Vehicle Code section 10851. After a motion to set aside the information under Penal Code, section 995, was denied, and defendant entered a plea of not guilty, a jury found her guilty of violating Penal Code sections 484-487 (grand theft). Appellant’s motion for a new trial was denied; proceedings were suspended and she was granted three years’ probation subject to various terms and conditions, including psychiatric counseling. As a term of probation, she was also ordered to serve a total of 77 days, on weekends, in the Orange County jail.

The facts show appellant leased a 1969 Pontiac automobile from Richard T. Smith for the period of September 30, 1969, to October 5, 1969. Smith testified the information required on the lease form, including appellant’s address, had been obtained from her driver’s license, and appellant stated she was employed by the Lackey Amusement Company in Artesia. Smith also testified the leased auto had 9,289 miles on it, and was equipped…

I dissent.

Stripped to their essentials the facts show that the defendant rented a car from Mr. Smith for a period of five days. The car was equipped with its original tires which were in good condition. The defendant gave a false address, a false telephone number, and a false employer. Two months and six days later, the car was recovered in a garage in Lemoore, California. In the interim, it had been driven 4,509 miles and Mr. Smith had to replace some tires before returning the car to Orange County. At the time of her arrest, the defendant gave a false name.

During the time the car was missing, the only communications Mr. Smith had concerning the car were: (1) a call from a woman (Mr. Smith, however, did not know it was the defendant and assumed it was someone else; in her testimony, the defendant said she made the call) the day before the car was due back asking for an extension of time to return the car to which request Mr. Smith said that since he could not do anything about it that it would be all right to keep it for a couple of days; (2) Mrs. Welch received a letter from the defendant and thereafter called Mr. Smith and said the car was in a garage in Hanford.

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By information appellant Charlene Hemmer was charged with one count of grand theft in violation of Penal Code, sections 484-487, and with one count of unlawfully driving or taking an automobile in violation of Vehicle Code section 10851. After a motion to set aside the information under Penal Code, section 995, was denied, and defendant entered a plea of not guilty, a jury found her guilty of violating Penal Code sections 484-487 (grand theft). Appellant's motion for a new trial was denied; proceedings were suspended and she was granted three years' probation subject to various terms and conditions, including psychiatric counseling. As a term of probation, she was also ordered to serve a total of 77 days, on weekends, in the Orange County jail.

The facts show appellant leased a 1969 Pontiac automobile from Richard T. Smith for the period of September 30, 1969, to October 5, 1969. Smith testified the information required on the lease form, including appellant's address, had been obtained from her driver's license, and appellant stated she was employed by the Lackey Amusement Company in Artesia. Smith also testified the leased auto had 9,289 miles on it, and…