Aiken

Defendant was convicted of grand theft of an automobile and appeals from the judgment. The sole question is whether there was a sufficient transfer of property to support the conviction upon the theory of theft by false pretenses.

The evidence was sufficient to allow the jury to find that the transaction occurred as follows:

Sap did not possess a certificate of ownership for the Thunderbird, but he did have an application for a duplicate certificate, signed by his predecessor owner. Before taking possession of the Thunderbird, Gloria signed her name on this application as the new registered owner. Gloria took possession and Sap did not see the Thunderbird again until he repossessed it weeks later.

On November 20 Sap mailed to the Department of Motor Vehicles a written notice in conformity with Vehicle Code, section 5901, stating that he had sold the Thunderbird to Gloria. Sap did not send the ownership certificate application to the Department of Motor Vehicles until November 30. By this time he was suspicious because the Ford and the Oldsmobile had not been delivered, so he inserted his name as legal owner, in addition to Gloria as registered owner.

The trial court instructed…