Berry

Defendant was charged by information with a violation of section 487, subdivision 3 of the Penal Code (grand theft auto), and with a violation of section 10851 of the Vehicle Code (unlawful taking of an automobile). Three prior felony convictions were also charged. He was arraigned, with counsel, on June 4, 1964; he pled not guilty and denied the priors. Trial was set for July 7, 1964; the record does not indicate any objection by defendant or his counsel to the date as set. 1 The case was called for trial, as thus set, on July 7, 1964; trial by jury was duly waived and the ease was submitted to the court on the transcript of the preliminary examination supplemented by the testimony of two witnesses—a police officer and defendant. Defendant was found not guilty of grand theft but guilty of violation of section 10851 of the Vehicle Code; probation was denied; no finding was made as to the priors; defendant was sentenced to state prison.

Since we conclude that the judgment must be reversed for violation of the rules laid down in People v. Dorado (1965) 62 Cal.2d 338 [ 42 Cal.Rptr. 169 , 398 P.2d 361 ], we set forth only so much detail as is necessary for the discussion of that…