Gills

This appeal has been before ns before. (People v. Gills (1966) 241 Cal.App.2d 711 [ 50 Cal.Rptr. 872 ].) A hearing by the Supreme Court was denied. Certiorari was granted defendant by the United States Supreme Court vacating the judgment and remanding the case to this court “for further consideration in light of Chapman v. California, 386 U.S. 18 [ 17 L.Ed.2d 705 , 87 S.Ct. 824 ].” (Gills v. California, 387 U.S. 574 [ 18 L.Ed.2d 966 , 87 S.Ct. 2069 ].) Pursuant to that direction we recalled the remittitur, counsel was reappointed, the appeal was rebriefed and reargued.

After the reconsideration directed by the United States Supreme Court, we have reached the conclusion, for reasons discussed below, that Griffin-type 1 error tested by the stricter requirements of Chapman, supra, commands reversal.

The facts are fully set forth in our earlier opinion. Only summarization sufficient to give the discussion to follow understandability is required.

Defendant appealed from a judgment following conviction of grand theft of saddles from a Colusa County farm where he had previously been employed on a season-to-season basis. He admitted three prior felony convictions. His employment had…