Hallman

Defendant was charged in count I of the information with grand theft. (Pen. Code, § 487, subd. 3.) Count II charged him with violating section 10851 of the Vehicle Code. He pleaded not guilty and waived his rights to a jury trial and to confront and cross-examine witnesses. Pursuant to stipulation the cause was submitted on the preliminary hearing transcript. The court found defendant guilty of count II. It found him not guilty of count I. Motion for new trial was denied. Proceedings were suspended. Defendant was placed on three years’ probation, conditioned on his serving one year in county jail. He appeals from the judgment (order granting probation).

The facts adduced at the preliminary hearing were as follows: Clarence Neighbors was the owner of a 1963 Pontiac, license ORA 610. At about 8 p.m., November 8, 1972, Neighbors parked the car in a lot in the 1500 block on Truman Street. At about 9 p.m. the following day Neighbors discovered the car was missing. He had not given defendant or anyone else permission to use the car.

At 11:40 p.m., November 8, 1972, Officer Wolverton of the Los Angeles Police Department observed defendant driving a 1963 Pontiac, license ORA…