Alex v. County of Los Angeles

Defendant Cottrell John Henry Moore (Moore) was charged in count I with the crime of grand theft in violation of Penal Code section 487, subdivision 1 on November 13, 1972, in that he feloniously took property of a value in excess of $200 from Rita M. Zimmer. Count II charged the identical offense on the same date the victim being De Loss Delbert Eaton. He was also charged with a prior felony in Allegheny County, Pennsylvania -- the crime of attempted larceny. After a plea of not guilty to the two counts and the prior and a jury trial, a verdict of guilty on each count and the prior was returned. Moores motions to set aside the jury verdict, for mistrial and for new trial were denied. A diagnostic study was ordered under Penal Code section 1203.03 after which Moores application for probation was denied and he was sentenced to state prison for the term prescribed by law under the provisions of Penal Code section 1168 and given credit for 180 days in custody. Moore appeals from the judgment and order denying his motions to set aside the verdict, declare a mistrial and for a new trial. The appeal from the order being nonappealable will be dismissed.