Lawrence

Defendant was charged with a six-count criminal information. In count I he was charged with robbery (Pen. Code, § 211) of Darryl Thompson. In count II, he was charged with grand theft of an automobile (Pen. Code, § 487) belonging to Mrs. Ollie Hieatt. In count III, he was charged with the unlawful taking of an automobile (Veh. Code, § 10851) also belonging to Mrs. Hieatt. In count IV, he was charged with receiving stolen property (Pen. Code, § 496)—a ring belonging to Dr. Benjamin Cowan. In count V, he was charged with burglary (Pen. Code, § 459) of Dr. Benjamin Cowan’s home. In count VI, he was charged with burglary (Pen. Code, § 459) of Mrs. Ollie Hieatt’s home.

Defendant entered pleas of not guilty. Trial was by jury. Defendant was found guilty of grand theft as charged in count II, guilty of receipt of stolen property as charged in count IV and guilty of burglary as charged in counts V and VI. The burglaries of both Dr. Cowan and Mrs. Hieatt were found to be in the second degree. The jury declared itself deadlocked as to count I, and a mistrial was declared. Count III was dismissed by stipulation because of the finding on count II. Probation was denied and defendant…