Porterfield

This is an appeal from a judgment, an attempted appeal from a sentence, and the denial of a motion for a new trial, rendered against the defendant in a case involving several counts of grand theft.

In an indictment in Los Angeles County, the defendant was charged with five counts of grand theft. Three counts (Counts I, II and IV) alleged that defendant took certain automobiles and two counts (III and V) alleged that he took certain monies. It was also alleged that defendant had twice before been convicted of felonies. Defendant pleaded not guilty and ultimately admitted the prior convictions. He was found guilty of Counts I, II and III and not guilty of Counts IV and V. A motion to strike the prior convictions was granted. The defendant was placed on probation for five years, a part of the terms of probation being that he spend one year in the county jail and that he take psychiatric treatment.

In Count I defendant was charged with violating the provisions of section 487, subdivision 3, of the Penal Code in that on or about July 27, 1957, he took a certain automobile belonging to Ted Miller. On about April 17, 1957, the defendant, through a company with which he had an…