Romo

Appellant was convicted by a jury of grand theft (Pen. Code, § 487, subd. 1). He admitted a sentence enhancement allegation of a prior felony conviction (Pen. Code, § 667.5, subd. (b)), and was thereafter sentenced to a three-year prison term. The sole issue he raises on appeal is that the court erred in refusing his proffered jury instruction on the claim-of-right defense. We will hold that the instruction was properly rejected because there was insufficient evidence to support the defense. Finding no error, we will affirm.

Facts

Raymond Hehn owned some land in the Bakersfield area. In 1984, Hehn pulled the well-casing from an abandoned well located on the property. Hehn rested the pipe on timbers and left it on the land. Thereafter he subdivided the property. In 1987, he sold the parcel where the pipe was located, but retained ownership of the pipe. Hehn frequently visited the property.

On June 30 or July 1, 1988, appellant took the pipe, cut it into smaller pieces, and sold it to a scrap dealer. An investigation led officers to appellant. After being advised of the investigation, appellant admitted taking the pipe. He told the investigating officer “the bank had…