Matola

Matola was charged by information with violation of section 211 of the Penal Code (count I, robbery) and with violation of section 245 of the Penal Code (count II, assault by force). Upon the People’s motion, count II was dismissed. Matóla pleaded not guilty. On the date of trial Matóla’s counsel made a motion to sever his trial from that of his codefendant, Lotto. The motion was denied upon the prosecuting attorney’s representation to the court that the confession could and would be edited to delete all reference to Matóla. The motion was not renewed. The codefendants were both convicted. A jury found Matóla guilty of grand theft from tlie person, in violation of subdivision 2, section 487 of the Penal Code, a lesser but necessarily included offense in that charged in count I of the information. His motion for new trial was denied, probation was denied, and he was committed to the Youth Authority for the term prescribed by law. Matóla appeals from the judgment.

On appeal Matóla contends: (1) The trial court erred in denying Matóla’s motion to sever his trial from that of his eodefendant, Lotto; (2) the trial court erred in failing to declare a mistrial when the prosecuting…