CLETIS U. WILLIAMS, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; THE PEOPLE, Real Party in Interest.
L. A. No. 29623
In Bank
Oct. 3, 1969
71 Cal. 2d 1144
No appearance for Respondent.
SULLIVAN, J. — Defendant Cletis U. Williams was charged by information with one count of grand theft of an automobile (
At the preliminary examination James M. Tom testified that on March 12, 1968, his “customized” 1956 Chevrolet was stolen from a college parking lot; that the car was recovered on the next day stripped of its customized accessories; that some eight weeks later he saw another 1956 Chevrolet automobile, parked near his place of employment, upon which there was “practically everything” that had been taken from his automobile. This included four “special order” tires, four chrome wheels manufactured to Tom‘s specifications, front and rear seats designed by Tom and made to his order, custom-made front and rear rugs, a “shift boot” modified by Tom himself for use in his car, a four-speed “cross ratio” transmission, distinctive chrome window mouldings, a chrome ashtray cover and a glove compartment door which had been custom chromed and upon which the name “Gloria” had been etched.
Tom further testified that, upon observing the car in question, he immediately called the police and then accompanied them to the place where the car was parked. As they approached the car defendant entered it and began to drive away. The police stopped defendant, arrested him, and seized the car.
The prosecution adduced no evidence of statements or conduct on the part of defendant or other circumstances which would tend to show that he had come into possession of Tom‘s accessories by criminal means or that he knew that the accessories were stolen. Defendant argued before the magistrate that he could not be held to answer in the absence of such evidence. The magistrate disagreed: “I am holding the Defendant to answer. . . . Maybe there were other seat covers like this; maybe there are other wheels like this; maybe there are other tires like this; maybe there are other glove [compartment] covers like this, but were they all on the same car? There
Section 872 of the Penal Code provides in substance that if it appears from the preliminary examination that a public offense has been committed, “and there is sufficient cause to believe the defendant guilty thereof,” the magistrate must make an order holding him to answer. “Sufficient cause” within the meaning of
When the evidence produced at the preliminary examination does not meet this test, the order holding a defendant to answer should be set aside on motion pursuant to
It is clear, however, that evidence which will justify prosecution under the above test need not be sufficient to support a conviction. (Rideout v. Superior Court (1967) 67 Cal.2d 471, 474 [62 Cal.Rptr. 581, 432 P.2d 197]; Lorenson v. Superior Court (1950) 35 Cal.2d 49, 56 [216 P.2d 859]; see People v. Nagle, supra, 25 Cal.2d 216, 222.) “An information will not be set aside or a prosecution thereon prohibited if there is some rational ground for assuming
In the instant petition for a writ of prohibition defendant contends (1) that he was committed without reasonable or probable cause as to the charge of grand theft of an automobile (
The evidence produced at the preliminary examination clearly shows that on March 12, 1968, Tom‘s car was stolen from him by someone—i.e. that some person took his car from him without his consent or under a claim of right and with the specific intent to deprive him of it wholly and permanently. (See People v. Walther (1968) 263 Cal.App.2d 310, 316 [69 Cal.Rptr. 434].) The narrow question before us is whether that evidence also discloses circumstances from which the magistrate could reasonably have inferred that defendant was the thief or, in the alternative,5 that he received portions of the subject property knowing that the same were stolen. The resolution of this question depends upon the legal significance to be given that evidence presented before the magistrate to the effect that defendant, some eight weeks after the theft, possessed “practically everything” that had been stripped from the Tom car subsequent to the theft.
It has long been settled in this state that evidence of mere possession of stolen property is not sufficient in and of itself to sustain a conviction for grand theft (People v. Wissenfeld (1951) 36 Cal.2d 758, 763 [227 P.2d 833]; see People v. McFarland (1962) 58 Cal.2d 748, 754 [26 Cal.Rptr. 473, 376 P.2d 449]; cf. People v. Citrino (1956) 46 Cal.2d 284, 288 [294 P.2d 32]; People v. Boxer (1902) 137 Cal. 562, 563-564 [70 P. 671]), or for receiving stolen property (People v. Lyons (1958) 50 Cal.2d 245, 258 [324 P.2d 556]), and that the conviction will not be sustained unless there is, in addition to evidence of possession, some evidence worthy of consideration tending to show that such possession was obtained by unlawful means. Defendant, relying on this proposition, contends that there is no such additional evidence—circumstantial or otherwise—in the instant case, and that therefore there was no “sufficient cause” under
In reaching this conclusion we consider it highly significant that defendant was found in possession of all or practically all of the accessories which were stripped from Tom‘s car after it was stolen. This factor distinguishes this case from one in which, for instance, the stolen property was a single object. Wheareas it might perhaps be argued in the latter case that the mere fact of possession affords less than significant support for an inference that the possessor was the thief or had received it with guilty knowledge,6 the situation is otherwise in a case such as that at bench where substantially all of several items stolen at the same time and place are found in possession of the defendant. Although it is arguable that the accused innocently came into possession of all of the items at one time as a “package,” so to speak, clearly the simultaneous possession by one person of the functionally unrelated items here involved, all of which were stolen at the same time, gives rise to a reasonable inference that the possessor is either the thief or one who received the property from the thief “knowing the same to be . . . stolen.” (
We have quoted above the magistrate‘s ruling upon holding defendant to answer. It is there made clear that the magistrate, in making reference to the fact that all or practically all of the accessories taken from Tom‘s car were found in defendant‘s possession, concluded that that fact permitted the inference that defendant either was the thief of Tom‘s car or had received the accessories therefrom with knowledge that they had been stolen. Moreover, the magistrate observed that the period of time which elapsed between the theft and the discovery of the accessories was not so long, in view of all of the circumstances, that the inference was weakened. (See fn. 6, ante.) These determinations were sound. It therefore appears that there was sufficient cause within the meaning of
The petition for a writ of prohibition is denied. The alternative writ is discharged.
Traynor, C. J., McComb, J., Tobriner, J., Mosk, J., and Burke, J., concurred.
PETERS, J. —I dissent. The writ of prohibition should issue.
The purpose of a preliminary hearing before a magistrate is to “weed out groundless or unsupported charges . . . and . . . relieve the accused of the degradation and the expense of a criminal trial.” (Jaffe v. Stone, 18 Cal.2d 146, 150 [114 P.2d 335, 135 A.L.R. 775].) The hearing is “designed to protect the rights of the accused and to see to it that no one is detained in custody indefinitely or capriciously in order that a case may be developed in the future, or circumstances arise that will justify a trial.” (People v. Bucher, 175 Cal.App.2d 343, 346 [346 P.2d 202].)
Although every legitimate inference must be drawn in favor of the information (Rideout v. Superior Court, 67 Cal.2d 471, 474 [62 Cal.Rptr. 581, 432 P.2d 197]), there must be some evidence from which the committing magistrate can reasonably infer the existence of each essential element of the
To establish grand theft of an automobile, the state must prove (1) the taking away of an automobile (2) from the owner (3) into the possession of the accused (4) without the consent of the owner or under claim of right (5) with the specific intent to deprive the owner of his property wholly and permanently. (Compare
To establish the crime of receiving stolen property, the state must prove (1) that the property found in the possession of the accused was acquired by theft or extortion; (2) that the accused received, concealed, or withheld the property from its owner; and (3) that the accused knew the property was stolen. (
It is settled that evidence of possession of recently stolen goods is insufficient to sustain a conviction for theft, burglary, or receiving stolen property. There must be, in addition, evidence in the form of suspicious circumstances or statements or conduct of the defendant tending to show his guilt. (E.g., People v. McFarland, 58 Cal.2d 748, 754 [26 Cal.Rptr. 473, 376 P.2d 449]; People v. Lyons, 50 Cal.2d 245, 258 [324 P.2d 556]; People v. Citrino, 46 Cal.2d 284, 288 [294 P.2d 32]; People v. Wissenfeld, 36 Cal.2d 758, 763 [227 P.2d 833].)
The question presented in the instant case is: If mere evidence of possession of recently stolen goods coupled with a defendant‘s failure to explain possession will not support a conviction for theft, burglary, or receiving stolen property, will it nonetheless support an order of commitment for prosecution under
The answer must be no; the mere fact of possession of recently stolen property does not provide the basis for a reasonable inference either that the possessor was the one who stole the property or that the possessor knew that it had been stolen, and thus cannot be sufficient to support a conviction (e.g., People v. Wissenfeld, supra, 36 Cal.2d 758, 763) or to hold a defendant to answer.
Were the rule otherwise, any person purchasing or receiving as a gift a chattel, whether new or used, could be held for trial if the chattel turned out to have been recently stolen.
The majority do not contest this point. They do not rely on the mere fact of possession of recently stolen property to provide the basis for holding petitioner to answer, but admit that in a case of mere possession of a stolen item, without more, “perhaps the mere fact of possession affords less than significant support for an inference that the possessor was the thief or had received it with guilty knowledge, . . .”
In the present case the majority purport to find the corroborative evidence needed in addition to evidence of possession of recently stolen property in order to convict or to hold defendant to answer. For such corroborative evidence, the majority rely on what they consider to be the “highly significant” fact that “defendant was found in possession of all or practically all of the accessories which were stripped from Tom‘s car. . . .”
I disagree with the majority‘s conclusion that it is “difficult to infer that ‘practically everything’ stolen from one Chevrolet would normally be found incorporated in another Chevrolet of the same year within a relatively short time [eight weeks] thereafter.” The fact that petitioner was apparently found in possession of “practically everything” that had been “stripped” from the stolen car, approximately eight customized items, reasonably suggests at most that petitioner obtained the customized accessories as a “package deal” for his car, which was the same type of car (1956 Chevrolet) as that from which the accessories were “stripped.” It is probably as “normal“—or even more so—for customized accessories to be sold in “packages” as singly.
We are not here dealing with functionally unrelated items like a watch, an umbrella, and a car. We are dealing with items which can be expected to be sold as often in packages as singly because they are of utility only to a small part of the populace and a purchaser of one would be expected to be interested in the others. In the present case the items are so closely related and it is so normal for them to be sold as a “package” rather than singly, that it is unreasonable to infer that a person in possession of the “package” eight weeks after the theft is either the thief or a knowing receiver of the stolen property.
I consider that the majority‘s reasoning in footnote 7 reaches a conclusion based on so-called “knowledge of practical realities” by magistrates which is not only erroneous but is slanderous to many of the citizens of this state. The footnote reads: “In drawing this inference of guilty knowledge the magistrate would have been warranted in reasoning on the basis of his knowledge of practical realities that one who receives from another individual a collection of diverse automotive accessories such as those here involved (which included items ranging from a transmission and tires to window mouldings and an etched glove compartment cover) does so with an awareness that they might well have been obtained by stripping a stolen car.”
At the outset I cannot agree with the thought implicit in this footnote that a magistrate has knowledge of the “practical realities” of the practices of trade in customized automobile accessories. I know many justices and judges in this state; none of them are “hot rodders,” and on the basis of my own associations, I would guess that there are not more than one or two judges or justices in the entire State of California, if any, who have engaged in or who have expert knowledge of the practices of trade as to customized accessories. There is nothing in the record to indicate that the
Although many people when their cars fail to function properly and repairs involve unreasonable costs will sell the cars to wreckers, there are also many who will salvage and seek to sell the usable parts, particularly where they are expensive customized parts. Ordinarily, they will be at least as willing to sell them in a package as individually. I see no reason to believe that the unfortunate victim of an accident, for example, who tries to salvage the useful parts of his car will limit his customers to the purchase of a single part; if he has found a potential buyer who owns the proper make and model of car, he will attempt to sell him all of the accessories.
It is apparent from the want ad section of local newspapers that there is a substantial market in private sales of used automobile parts where the seller advertises “parts,” generally without specification of the names of the parts but with specification of a year and model car. Depending upon prices, I should think that the sellers would want to sell all of their parts to any owner of the same model and year car. Likewise an owner in the market for such items would be likely to buy many of them from a single seller because it would be difficult for him to find used accessories for this particular year and model.1
The footnote states that anyone buying a package of accessories from such sellers does so “with an awareness that they might well have been obtained by stripping a stolen car.” I have never had occasion to purchase accessories from a private person, but I would not be so intolerant as to characterize those who sell packages of car accessories as probable thieves;
Moreover, even assuming as the majority in effect asserts that common experience showed that sellers of several customized accessories were more often than not sellers of stolen goods, this fact would not warrant holding that mere possession of recently stolen accessories is sufficient to hold a defendant to answer for theft and knowingly receiving stolen goods. The basic rule that mere possession of recently stolen goods is not sufficient to convict of such crimes was not based upon possibilities reflected by common experience but upon a policy fundamental to our democracy and judicial system, which is as relevant to our society today as it was in 1861 when we adopted the rule.
In the landmark case of People v. Chambers (1861) 18 Cal. 382, 383-384, the court stated: “It is well settled that the possession of the fruits of a crime is a circumstance to be considered in determining the guilt of the possessor, but the authorities seem to hold that this circumstance is not of itself sufficient to authorize a conviction. ‘The real criminal,’ says Greenleaf, ‘may have artfully placed the article in the possession or on the premises of an innocent person, the better to conceal his own guilt; or it may have been thrown away by the felon in his flight, and found by the possessor, or have been taken from him in order to restore it to the true owner, or otherwise have come lawfully into his possession.’ (3 Greenl. Ev. sec. 31.) Our sense of justice would revolt at the idea of convicting a person under such circumstances; but it is obvious that if the mere possession is sufficient to convict, the innocent are as likely to suffer as the guilty. There are many cases in which an explanation would be impossible; and in such cases to throw the burden of explanation upon the accused would be to slam the door of justice in his face.” (Italics added.) The court went on to state that the circumstances needed in addition to possession to secure a conviction “must be such as are naturally calculated to awaken suspicion against the party charged, and to corroborate the inference of guilty possession.”
It bears emphasis that the court in Chambers did not dispute that possession of recently stolen goods gives rise to an inference of guilt; the court assumed it did, but it in effect held that, even assuming the existence of the inference, the inference should not be indulged because, in the light of the difficulty in disproving guilt, conviction on the basis of the infer-
These considerations are applicable here. The majority has determined that from the possession an inference of guilt may be drawn. How may the defendant meet the inference? Under the majority view, he may not rebut the inference by producing a cancelled check, bill of sale, or witnesses to the purchase. The majority state in footnote 7 that the magistrate may still infer, even when there is a sale, that the defendant was aware that these were probably stolen goods. Ordinarily, it would seem that he can rebut the inference of guilty knowledge only through his own testimony.2 But the guilty purchaser may proclaim lack of knowledge as loudly as the innocent purchaser, and in the words of Chambers “the innocent are as likely to suffer as the guilty.” We should not permit the inference of guilty knowledge to be indulged, unless, again in the words of Chambers, there is, in addition to the possession, proof of circumstances “naturally calculated to awaken suspicion against the party charged, and to corroborate the inference of guilty possession.”
I must also point out that the implications of today‘s majority opinion will probably have grave practical effects upon our economic life. If an inference of guilt may be drawn from mere possession of several recently stolen items, a citizen should never buy two or more so-called “functionally unrelated” items from a single individual. A purchaser of such items, should he later find they are stolen, may be held, under the majority opinion, to answer for felony charges. Although the risk that the items will turn out to be stolen may be remote, the jeopardy should this unlikely event occur is so great that any prudent person should in no event ever purchase more than a single item from any private individual. Such a restriction, although concededly indirect, on individual conduct in a trading society like ours is not justified by the need to apprehend thieves and traffickers in stolen goods.
In summary, in order to give meaning to simultaneous possession of practically all of the items stolen, as the majority purport to do, it is essential to characterize them as function-
Finally, it should be noted that holding that mere evidence of possession of recently stolen goods is insufficient to warrant holding an accused for trial will not impose an undue burden on prosecuting officials in general or in the present case. They must always secure additional evidence in order to convict. And in the instant case, the majority is willing to assume that additional evidence is necessary to convict. If this is the case, then if the prosecutor has such additional evidence, he can easily present it at a new preliminary hearing; if he does not, at this late date, petitioner is entitled to be released.
I would issue the writ of prohibition.
Petitioner‘s application for a rehearing was denied November 26, 1969, and the opinion was modified to read as printed above. Peters, J., was of the opinion that the petition should be granted.