Euell
People v. Euell
Opinion
Opinion
Files, J.
—Defendant was convicted of three counts of attempted grand theft from the person (Pen. Code, §§ 664; 487, subd. 2). By stipulation the trial was by the court; upon the preliminary transcript as the only evidence on the issue of guilt. The court also found true the allegation that defendant had previously been convicted of grand theft and attempted grand theft in San Francisco, and attempted grand theft person in Sacramento. Defendant was sentenced to state prison, the terms to run concurrently. This appeal is from the judgment.
The only evidence is the testimony of Police Officer Oscar O’Lear who, with his partner, observed defendant for about 45 minutes or an hour in downtown Los Angeles. .
At Seventh and Broadway defendant, carrying a sweater over his left arm, moved into a group of passengers loading onto a bus. He stepped alongside a woman who had a purse on her arm, and placed his sweater part way over the purse. As the woman boarded the bus defendant backed away.
When the next bus arrived for loading defendant repeated this performance.
Then he crossed the street and approached another woman the same way.