Mahoney

By an information filed by the District Attorney of the County of Los Angeles, defendant was charged with a violation of section 502.7, subdivision (a) (4), of the Penal Code (fraudulently avoiding a lawful charge for telephone service by rearranging, tampering with or making connection with telephone facilities). Appellant pleaded not guilty and made a motion to suppress evidence under Penal Code section 1538.5. After a hearing, this motion was denied. Thereafter the information was amended to delete the allegation that the phone services obtained in violation of the section aggregated “over $200.00 with[in] a 12 consecutive month period” (which would make the offense a felony under subd. (f) of § 502.7) and to add a count II alleging violation of subdivision (b) of section 502.7 (making, possessing, selling or otherwise transferring a device used to avoid lawful telephone toll charges).

Defendant pleaded guilty to both counts as amended. The proceedings were suspended as to each count and defendant was granted probation for a period of three years, after both offenses were declared misdemeanors.

Defendant has appealed from the judgment (order granting probation) to.…