Mosqueira

Defendant pleaded not guilty to an information charging him with grand theft. (Pen. Code, § 487, subd. 1.) Defendant waived jury trial and his right to confront and cross-examine witnesses. Pursuant to stipulation the cause was submitted on the transcript of the preliminary hearing. Defendant was found guilty. He was placed on two years probation conditioned, among other things, upon his spending the first 60 days in county jail. Bail on appeal was granted. Defendant appeals from the judgment (order granting probation).

On Sunday, July 13, 1969, Lyle Lucas locked his wallet in the trank of his 1966 Cadillac for safekeeping preparatory to going to the beach. In the wallet were close to $300 in cash and a pair of season subscriber’s tickets to the August 8 Los Angeles Rams-Dallas Cowboys football game at the Coliseum. The tickets were for seats 12 and 13, row 56, tunnel 18, the same seats Lucas held for each game of the season.

On July 14, 1969, Lucas sent his wife to the Giant Meat Company to pick up an order. She drove the family’s 1966 Cadillac. When she arrived her order had already been placed in boxes. Two men assisted in loading the order into the Lucas’ car, one…