Malamut

Defendant was charged in count I of a three count information with grand theft (Pen. Code, § 487, subd. 3), in count II with a violation of Vehicle Code section 10851, and in count III with receiving stolen property (Pen. Code, § 496). He pleaded not guilty and waived jury trial. By stipulation the cause was submitted on the transcript of the preliminary hearing plus additional evidence. Defendant’s motion for acquittal was denied. (Pen. Code, § 1118.) Defendant was found guilty on counts I and II. Count III was dismissed on motion of the People. Defendant was sentenced to one year in county jail on counts I and II. Sentence as to count I was suspended and a stay of execution granted pending service of sentence on count II, the stay to become permanent upon completion of sentence on count II. Sentence on count II was suspended and probation granted for three years on various terms and conditions. Defendant appeals from the judgment and sentence. We construe the appeal to encompass the order granting probation.

On December 8, 1968, Ernest Lixfeld parked his 1961 Porsche at the Los Angeles airport. He returned later that day and found the Porsche missing. He did not give…