Rodriguez

By information, defendant was charged in count I with perjury by false affidavit (Pen. Code, § 118) and in count II, with fraudulent registration (Elec. Code, § 220). Defendant pled not guilty, and he personally and all counsel waived trial by jury. It was stipulated that the case be submitted on the preliminary hearing transcript, and all appropriate waivers were secured from defendant and his counsel. Defendant was found guilty of violating Elections Code section 207, which all counsel stipulated was a lesser included offense within Elections Code section 220 than that charged in count H. Defendant was granted probation without formal supervision for a period of one year, the terms and conditions of which included that he pay a $500 fine. Defendant appeals from the judgment and has been released on his own recognizance for the pendency of this appeal.

These facts were adduced at the preliminary hearing: Defendant was born in Mexico and is presently residing in this country as a lawful perma nent resident alien. On or about May 8, 1971, in the County of Los Angeles, defendant willingly and knowingly signed an affidavit of registration for the purpose of registering to…