Dorsey

Defendant James Mark Dorsey was charged by information with the attempted grand theft of an automobile pursuant to sections 664 and 487, subdivision 3, of the Penal Code. Defendant’s motions under sections 995 and 1538.5 of the Penal Code were heard and denied. The matter was thereafter submitted to the trial court on the transcript of the preliminary hearing, and the defendant was found guilty of a lesser and necessarily included offense, the violation of Vehicle Code section 10852, which prohibits willfully injuring or tampering with a vehicle or breaking or removing any part thereof without the consent of the owner. Defendant was sentenced to six months in the county jail. He appealed the judgment successfully, on the ground that his submission on the preliminary transcript was tantamount to a plea of guilty, and that the record disclosed that the defendant had not knowingly waived his right of self-incrimination. (In re Mosley, 1 Cal.3d 913 [ 83 Cal.Rptr. 809 , 464 P.2d 473 ].)

The case was remanded and set again for trial. Defendant was permitted to enter a plea of former jeopardy (pursuant to Pen. Code, § 1023). He renewed motions under Penal Code sections 995 and…