People v. Johnson

Defendant was charged with grand theft from the person. (Pen. Code, § 487, subd.2.) He pleaded not guilty. On July 1, 1970, defend *961 ant waived jury trial and his right to confront and cross-examine the witnesses who testified at the preliminary hearing. He agreed to submit the People’s case in chief on the transcript of the preliminary hearing with the further stipulation that a second arresting officer be deemed to have testified and corroborated the testimony of the first arresting officer. Both sides reserved the right to present additional evidence and to raise lawful objections. Defense counsel successfuly sought a continuance until August 4, 1970, on the representation that defendant was going to present additional evidence. On August 4, 1970, defendant obtained a one-day continuance. On August 5, 1970, defendant obtained a continuance until August 14 based on the unavailability of an essential witness. On August 14 defendant obtained a continuance until August 17 and the sheriff was ordered to produce a defense witness in his custody. On August 17, 1970, the cause was trailed due to the illness of defense counsel. On August 18, 1970, defendant personally…