Grant

In an information filed by the District Attorney of Los Angeles County defendant was charged in two counts with petty theft after a prior conviction of a felony (burglary) in violation of Penal Code section 667. The information also charged defendant with a previous conviction of attempted robbery, a felony.

Defendant pleaded not guilty and denied the prior conviction of attempted robbery, trial was by the court, trial by jury having been duly waived by defendant and all counsel. The cause, pursuant to stipulation of defendant and counsel, was submitted to the court on the testimony contained in the transcript of the proceeding had at the preliminary hearing, and both sides reserved the right to introduce additional testimony.

At the commencement of the trial the judge directed that the record indicate that pursuant to the stipulation he had read and considered the testimony taken at the preliminary hearing. Additional evidence offered at the trial consisted of the testimony of defendant.

The judge found defendant guilty and ordered a probation report. A second judge denied probation and pronounced sentence as follows:

Defendant appeals “from all statutory provision.” We will…