People v. Terry
| Decision Date | 19 April 1962 |
| Docket Number | Cr. 7935 |
| Citation | 202 Cal.App.2d 604,20 Cal.Rptr. 915 |
| Court | California Court of Appeals |
| Parties | PEOPLE of the State of California, Plaintiff and Respondent, v. Helen TERRY, Defendant and Appellant. |
Helen Terry, appellant, in pro. per.
No appearance for respondent.
By information filed by the district attorney Helen Terry was charged in Count I with burglary in violation of section 459 of the Penal Code in that on or about September 27, 1960, she entered the store of J. C. Penney Company in Pomona with the intent to commit theft. In Count II she was charged with committing a theft, at that time and in that store, of men's suits of a value in excess of two hundred dollars. In Count III she was charged with the crime of petty theft with a prior conviction of petty theft in violation of section 667 of the Penal Code at the same time and place. She was also charged with three prior offenses: (1) a violation of section 11500 of the Health and Safety Code on August 28, 1951; (2) the crime of burglary on July 28, 1952; and (3) the crime of petty theft with a prior conviction of petty theft on August 11, 1953.
Defendant was represented by the public defender and pleaded not guilty and denied the prior convictions. Defendant personally and all counsel waived trial by jury. The cause was submitted on the testimony contained in the transcript of the proceedings at the preliminary hearing in the municipal court with each side reserving the right to offer additional evidence.
At the commencement of the trial the judge directed that the record show that pursuant to the stipulation he had read the transcript of the testimony taken at the preliminary hearing. Additional evidence was offered by both the People and the defendant. Defendant testified in her own behalf. She was found guilty on Counts I and III. Count II was dismissed on motion of the district attorney. The third prior charge, that of petty theft with a prior conviction of petty theft, a felony, was found true. No findings were made with respect to the additional prior convictions. Probation was denied and defendant was sentenced to state prison for the term prescribed by law with respect to each count, with sentences as to each count to run concurrently with each other and concurrently with the sentence which defendant was currently serving in the county jail.
Defendant applied for appointment of counsel to assist her on the appeal. This court, having made an independent investigation of the record and having determined it would be neither advantageous to defendant nor helpful to the court to have counsel appointed, denied the application whereupon defendant prosecutes this appeal in propria persona. Defendant was notified and given ample time to file a brief. None has been filed, however, we have given the appeal full consideration.
There was evidence of the following facts:
On September 27, 1960, defendant, accompanied by a male and a female companion, entered the Pomona store of the J. C. Penney Company at 5:00 p. m., approximately half an hour before its regular closing time. They went to be men's clothing department and after being in there about five minutes defendant went into one of two adjoining dressing rooms purportedly to fix a broken brassiere strap. A woman clerk sent for one of the department men, Vincent Bohleen, who went over to the dressing room and pulled the curtain aside. Defendant was working with her brassiere, the top button of her blouse being open. Mr. Bohleen testified that she was also working with her skirt and slips because he could see her 'bouffant slips' and that he could see them showing below her skirt. He looked on the floor, on the single clothes hook in the dressing room and under the lone chair in the room but saw no articles of any kind, specifically no coat hangers or clothing. There was nothing on the floor. He noted that defendant had a large open-top handbag. He demanded that defendant lift her skirt which she refused to do. He then directed that the female clerk enter the dressing room and search her. He closed the curtain and stood outside. Defendant told the female clerk that she was embarrassed to be searched by her, that she was menstruating at the time, and told the female clerk if she would step outside defendant would disrobe. The female clerk then joined Mr. Bohleen outside the dressing room. After a few moments defendant called out that she decided she was not going to disrobe.
When Mr. Bohleen first observed the woman in the dressing room he stated her clothing appeared to be puffed out around the waist, but that when he subsequently observed her as she emerged from the dressing room this puffed-out appearance had gone. As she emerged he noted some clothing folded under the chair which had not been there previously. These were four men's suits which were subsequently identified. They were folded on hangers and were all in one bundle. At that time he instructed one of the clerks to go and call the police. Defendant told him that call would like to rearrange her clothing; that she was having her period and was having trouble. Mr. Bohleen then closed the curtain on her again.
Mr. Bohleen indicated that during the discussion with defendant a man, later identified as the male companion of defendant, emerged from the adjoining dressing room. He was seen to leave the store very hurriedly and with his clothes in a state of disarray. This man was followed by one of the clerks for a distance of approximately three blocks and upon observing that he was being followed the man broke into a run and disappeared. He was never...
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