Hampton

People v. Hampton

Good Law
116 Cal. App. 3d 193·172 Cal. Rptr. 25·1981 Cal. App. LEXIS 1439
Court of Appeal of CaliforniaFebruary 24, 1981Crim. 11610California2,545 words

Opinion

Opinion

Staniforth, J.

A jury convicted defendant Elmer Clarence Hampton of two counts of conspiracy to commit the crimes of grand theft auto, grand theft and forgery (Pen. Code, §§ 182, subd. 1, 487, subd. 3, 487, subd. 1, 470) and seventeen separate substantive offenses, including grand theft auto, forgery, possession of completed check with intent to defraud (Pen. Code, § 475a), grand theft and attempted grand theft (Pen. Code, §§ 664, 487, subd. 1). Hampton was sentenced to prison for an aggregate term of five years and four months. He appeals the judgment asserting (1) insufficiency of the evidence before the committing magistrate resulted in a defective bind over for trial; and (2) the superior court erred in denying his Penal Code section 995 motion (based upon the same claimed insufficiency of the evidence) to dismiss counts two through four, nine through seventeen, and twenty through twenty-one. Hampton does not challenge the sufficiency of the evidence to support his multiple convictions by the jury; nor does he allege any error whatsoever committed in the course of trial or at sentencing. Thus Hampton asks us to reverse a perfect trial.

Discussion

I

Hampton relies for this…

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