MacK

Appellant, Charles Gene Mack, was charged by information with the commission of four felonies. As he was found not guilty of counts I and II, we are only concerned with the remaining counts III and IV which charged appellant with violations of Penal Code section 487, subdivision 1 (grand theft) and Penal Code section 459 (burglary) respectively. Appellant personally and by counsel waived trial by jury and pursuant to stipulation the cause was submitted upon the testimony contained in the transcript of the preliminary hearing and the exhibits received at said hearing with appellant reserving the right to offer additional evidence. The court found the appellant guilty of the grand theft and burglary charges and fixed the latter conviction as in the second degree. Motion for new trial was denied as was appellant’s application for probation. Appellant was committed to the Youth Authority for the terms prescribed by law as to each count, said terms to run concurrently. This appeal is from the judgment and from the order denying motion for new trial.

Statement of Facts

By reason of appellant’s challenge to the sufficiency of the evidence to support the convictions, it is…