Lowery

This is an appeal by defendant Larry Lowery from his conviction on November 2, 1981, of Penal Code section 496 (receiving and concealing stolen property), for which he was sentenced to two years in state prison.

We affirm the conviction, which appellant challenges on the following grounds: (1) That the search warrant was overbroad, that its scope was exceeded and that it improperly authorized a nighttime search; (2) that the discovery order was violated by the surprise introduction of statements regarding a “theft report”; (3) that evidence of a witness’ prior criminal history was improperly admitted; (4) that jury instructions, CALJIC Nos. 17.01 and 2.03, were improperly given; (5) that the mid-trial motion for “change of venue” should have been granted; and (6) that certain documents admitted into evidence were improperly authenticated.

Appellant also included in his brief arguments that the trial court erred in denying bail and stay of execution pending appeal. The appropriate procedure for challenging these decisions is by writ of habeas corpus or an application for bail pending appeal under rule 32(b) of the California Rules of Court. To include them in the brief…