Cole

Defendant was charged by information with grand theft, a violation of Penal Code section 487, subdivision 1. Defendant and all counsel waived a jury trial and the cause was submitted on the transcript of the preliminary hearing along with additional evidence and exhibits presented by the defense. Defendant was found guilty and a motion for a new trial was denied. The court ordered the defendant to undergo a 90-day observation period pursuant to section 1203.03, Penal Code. Following this period defendant was returned to the trial court, proceedings were suspended and probation granted. The appeal is from the order granting probation, deemed to be a final judgment. (Pen. Code, § 1237).

Defendant concedes that on a conflicting record there is substantial evidence to support the conviction of grand theft. His only contention on appeal is that the prosecution was collaterally estopped from presenting *334 the evidence which supports the verdict 1 by the findings and adjudication in a bankruptcy proceeding in federal court.

By the prosecution evidence the following was proved: that defendant, an equipment dealer, took a used fork lift valued at $10,900 2 3 on consignment to…