Verbiesen

Statement of the Case

Defendant was charged by information with two counts of grand theft (counts 1 and 2) involving motor vehicles (Pen. Code, § 487, subd. 3), and with two counts of receiving stolen property (counts 3 and 4, Pen. Code, § 496), relating to the same motor vehicles alleged to have been stolen in *940 counts 1 and 2 of the information. Defendant’s motion to dismiss under section 995, Penal Code was denied. A plea of not guilty was entered. A motion to suppress evidence under section 1538.5 of the Penal Code, submitted on the transcript of the evidence taken at the preliminary examination, was denied.

A jury trial was duly waived, and the cause was submitted on the transcript of the evidence taken at the preliminary examination. A second motion to suppress was made under section 1538.5 of the Penal Code, and was denied. The defendant was found not guilty on counts 1 and 2 and was found guilty on counts 3 and 4.

A probation report was ordered and at the time set for hearing on the matter of probation, the trial court referred the matter to the Director of the Department of Corrections for review regarding placement of the defendant pursuant to the…