Jordan

Opinion mission of the case to the court on the transcript of the preliminary exami-

Carl Eugene Jordan appeals, following a stipulated sub- *599 nation, from a judgment of conviction of one count of grant theft. (Pen. Code, §§ 484, 487, subd. 1.) A second count of grand theft was dismissed on motion of the prosecutor.

According to the evidence offered by the People at the preliminary examination, 1 appellant, then a corporate officer, without authority to do so, opened a corporate petty cash account in a certain bank and deposited therein two checks payable to the corporation in the amount of $4,730.96. He then withdrew this amount from the account by means of three checks made payable to cash and endorsed by him alone. The corporation never received any of these proceeds which apparently were retained by appellant for his own use.

Appellant asks that we reverse his conviction because (1) the submission of the case on the transcript of the preliminary examination was tantamount to a plea of guilty by him, (2) he did not then personally affirm or acquiesce in this procedure as required by In re Mosley, 1 Cal.3d 913 [ 83 Cal.Rptr. 809 , 464 P.2d 473 ], and (3) in any event the…