Fritchey

Statement of the Case

On October 1, 1990, an information was filed in Tulare County Superior Court charging appellant Joseph Matthew Fritchey with count I, grand theft of personal property (Pen. Code, § 487, subd. 1); and count n, possession of burglar’s tools (Pen. Code, § 466).) Appellant pleaded not guilty.

On December 3,1990, appellant withdrew his plea and pleaded no contest to both counts. On January 2,1991, appellant appeared for sentencing. As to count I, the court suspended imposition of sentence and placed appellant on probation for a term of 3 years under the following conditions: service of 230 days in county jail; payment of $400 restitution to the State Restitution Fund; payment of a $400 restitution fine pursuant to Government Code section 13967, stayed during term of probation and permanently thereafter; and forfeiture of appellant’s truck to the county to be sold at auction after appeal, with the proceeds to be applied toward storage fees and a county fine.

On January 8, 1991, appellant filed a timely notice of appeal.

Statement of Facts

The facts underlying the charged offense are not in dispute. At approximately 3 a.m. on September 7, 1990, John…