Gray

Appellant was convicted of murder in the second degree (Pen. Code, § 187 et seq.) following his stipulation to a trial without a jury in a “hybrid procedure” whereby he agreed he was guilty of at least involuntary manslaughter in exchange for the district attorney’s reduction of the maximum charge to second degree murder. The trial court was then asked to determine whether defendant was guilty of one of those offenses or voluntary manslaughter, falling between them.

The principal question on appeal is whether, as appellant contends, the procedure amounted to his pleading guilty to one crime and then being tried for another in violation of the “double jeopardy” provisions of the state and federal Constitutions. We hold that it did not, and affirm the conviction, touching only briefly on appellant’s attacks on the sufficiency of the evidence and the admission of certain out-of-court statements, which we do not find substantial issues.

The circumstances of the killing to which appellant admits are common, tragic and, for the purposes of this appeal, simple: Appellant was hitchhiking in the Ventura area, ultimately taking up company with three other young people, including…