Roof

Accused by information of three offenses of grand theft, defendant was convicted in a jury trial of two offenses; no agreement having been reached as to a third count it was dismissed and defendant was granted probation conditioned upon his spending 90 days in jail and paying a fine of $200. He appealed from the order granting probation as from a judgment.

The offenses consisted of defendant’s obtaining $237 from a Mr. Steele and $260.28 from a Mr. Rodriguez upon representation that he would install two-way radio equipment in their automobiles or trucks. The contract price for the Steele equipment was $1,800 and for that of Rodriguez $1,919.28. Steele and Rodriguez were told they would have to apply for FCC licenses for the use of mobile radio equipment. Defendant was 19 years old. He started in business under the name of Pacific Engineers. He did not have any equipment, but proposed to acquire needed equipment for the Steele and Rodriguez jobs from supply houses. He admitted having received the money upon account of the contract prices for the equipment and he also admitted on the stand the use of the money for his personal expenses. He described efforts he had made to obtain…