Stay

The cause having been submitted on the transcript of the testimony taken at the preliminary hearing and the court having heard additional prosecution and defense witnesses, defendant was found guilty on five counts of grand theft (§ 487, subd. 1, Pen. Code) of shopping carts over a period between February 1, 1969, and February 1, 1970, from Ralph’s Grocery Company (count 1), Lucky Stores, Inc. (Count II), Hughes Markets, Inc. (count III), Thriftimart, Inc. (count IV) and Alpha Beta Acme Markets, Inc., Arden-Mayfair, Inc., The Boys’ Markets, Inc., Food Fair Stores, Inc., Food Giant Markets, Inc., Safeway Stores, Inc., and Von’s Grocery Co. (count V). He appeals from order granting probation.

The basic facts, largely established by stipulation, are undisputed. Between February 1, 1969, and February 1, 1970, in Los Angeles and Burbank, defendant directly and through his employees picked up shopping carts within a six-block area of the chain stores of Ralph’s, Lucky’s, Thriftimart, Arden-Mayfair, Alpha Beta Acme, Food Giant, Food Fair, Safeway, Boys’, Von’s and Hughes Markets, respectively, each cart bearing the name of the store within the said block areas. These pickups…