People v. Kehoe

CARTER,. J.

I concur in the judgment, but it is my opinion that People v. Cuevas, 18 Cal.App.2d 151 [63 P.2d 311], cited in the majority opinion, is unsound and should be disapproved. It holds, in effect, that each day a car is driven without the owner’s consent constitutes a new offense, that is, section 503 of the Vehicle Code creates a continuous offense. That section provides that any person who “drives” or “takes” a vehicle without the consent of the owner is guilty of a violation thereof. That implies that the crime is complete once the car has been driven. Where there is a continuous transaction from the first driving of the vehicle, there should not be a new offense each day the car is driven. To so hold would render such an offender susceptible to a greater penalty than the theft of a car which plainly was not the intent of the Legislature. It will be noted that the section provides that either driving or taking is a violation. Certainly there is not a new taking every day the vehicle remains in the possession of the defendant.