![]() Defendant told Boggio that the dismantled Buick was his car but that its engine had blown up. Boggio also found two Buick Skyhawks, one of which had been dismantled. He discovered a 1976 Cadillac Seville which had been "all cut up, the rear clip of the body and engine and transmission with the numbers ground out of it." Inside a 1969 Ford van, Boggio discovered a number of Cadillac parts, including seats from a 1976 Cadillac Seville which had been stolen on November 28, 1977. Defendant said that he had had the car for about a week but had only received the "paperwork" on it the day before and had not yet made the entry.īoggio then proceeded to inspect the other vehicles in the shop to see if they had been entered in the book. In an effort to curb the theft of working catalytic converters from unsuspecting vehicle owners, the California legislature passed B&P Code 21610. Boggio asked if that particular car had been entered into the book. Download Fillable Form Ol395d In Pdf - The Latest Version Applicable For 2023. Defendant then produced a dismantler's "acquisition book" 1 from the rear seat of the Cadillac he was working on. That the car was one of five salvaged Cadillacs he had purchased and that his wife was currently driving it. Boggio asked defendant about the 1977 Cadillac that belonged to BFC Auto Dismantlers and defendant replied Defendant was in the shop working on a 1977 Cadillac Seville. Boggio determined that one of the telephone numbers was listed to defendant at 10826 South Central Avenue the location immediately across the street from the lot.īoggio went to that location, which appeared to be a former gas station which had been converted into an auto repair shop. ![]() The "shells" of three automobiles were on the lot and two telephone numbers were painted on the wall. Boggio went to that address and found a lot surrounded by a block wall. A check with the Department of Motor Vehicles revealed that the car had been sold to BFC Auto Dismantling at 10919 South Central Avenue, Los Angeles. On December 7, 1977, Deputy Sheriff Jack Boggio learned that a 1977 Cadillac parked on 66th Street had been sold for salvage as a wrecked car. Defendant was placed on probation for a three year period on various conditions, including that he spend the first sixty days in county jail and pay a fine of $500. On motion of the People the other counts were dismissed in the interests of justice. After the motion was denied, defendant pleaded guilty to the receiving count. It was stipulated that a motion to suppress evidence pursuant to Penal Code section 1538.5 would be submitted on the evidence presented at the preliminary hearing. Gen., for plaintiff and respondent.Ī four count information charged defendant with grand theft auto (Pen.Code § 487(3)), unlawful taking of an automobile (Veh.Code § 10851), receiving stolen property (Pen.Code § 496), and willful injury to insured property with intent to defraud (Pen.Code § 548). Gordon III, Los Angeles, for defendant and appellant.Įvelle J. Court of Appeal, Second District, Division 5, California. 396 90 Cal.App.3d 440 The PEOPLE of the State of California, Plaintiff and Respondent,Įlliout Lee EASLEY, Defendant and Appellant.
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