Keefer

Defendant appeals from a judgment (order granting probation) made following his conviction by a jury of two counts of grand theft (Pen. Code, § 487, subd. 1) and one count of attempted grand theft (Pen. Code, §§ 664, 487, subd. 1). He was acquitted of five additional counts of attempted grand theft. The appeal lies. (Pen. Code, § 1237, subd. 1.)

It is contended on appeal that (1) the evidence is insufficient to support the convictions, (2) the jury was incorrectly instructed, and (3) the order granting probation is constitutionally defective.

On appeal based upon insufficiency of the evidence, an appellate court must view the evidence in a light most favorable to the prevailing party and presume in support of the judgment the existence of every fact the trier could reasonably deduce from the evidence. (People v. Mosher, 1 Cal.3d 379, 395 [ 82 Cal.Rptr. 379 , 461 P.2d 659 ].) Defendant admits that the evidence was in substantial conflict, and proceeds to argue that certain insufficiencies exist not as a matter of fact but as a matter of law. We shall therefore refer only to those portions of the record as are deemed necessary to a resolution of the claims made in the…