People v. Quaintance

Opinion

PUGLIA, P. J.

Defendant appeals from the judgment following a jury conviction upon two counts of grand theft (Pen. Code, § 487, subd. (1)) arising from the midnight appropriation of an almond sweeper and a trailer each of which were stipulated to have a value in excess of $200. Defendant’s contentions on appeal all center around the trial court’s admission into evidence of testimony given at the preliminary hearing by Frank Bondietti, an accomplice who had been tried and convicted for the same offenses prior to defendant’s trial.

When called as a witness at defendant’s trial, Bondietti…