Conway

By indictment, defendant Keith Conway (appellant) and codefendants Lloyd Conway, Leo Mercado, and Carlos Reynaldo were charged in count I with violation of Penal Code section 487 (grand theft). In count II, appellant Keith Conway and codefendant Lloyd Conway were charged with grand theft, in violation of Penal Code section 487. In counts III through V, appellant and codefendants Lloyd Conway and Leo Mercado were also charged with violation of section 487. Appellant pleaded not guilty to all counts. His motion to set aside the indictment pursuant to Penal Code section 995 was denied. He waived trial by jury, and his motion pursuant to Penal Code section 1538.5 was also denied. The prosecution stipulated that Business and Professions Code section 17500 (false advertising) could be considered as a lesser included offense. It was also stipulated that the case be submitted on the transcript of the grand jury proceedings. Appellant was found guilty on all five counts of uttering false or misleading statements in violation of Business and Professions Code section 17500. He was sentenced to three years summaty probation, which would terminate upon the payment of a total fine of…