People v. Rodgers

In People v. Rodgers (1970) 4 Cal. App. 3d 531, the owner did not testify at all, and her absence was unexplained. ( Rodgers, supra, 4 Cal. App. 3d at p. 533.) It was the husband of the owner who testified that he did not give the defendant permission to drive the car, while the defendant testified that he had borrowed the car from a woman friend, who had, in turn, borrowed it from a friend of hers. This was insufficient to uphold a conviction under Vehicle Code section 10851, because "the only conduct of the defendant which was established by the evidence was that he was driving a nonowned vehicle for some time. No conduct indicating consciousness of guilt was shown." ( Rodgers, supra, 4 Cal. App. 3d at p. 534.)