Soranno

Appellant was charged in count I of the information with grand theft auto (Pen. Code, § 487, subd. 3), and in count II with taking and driving an automobile without the consent of the owner and with the intent to deprive the owner of title to and possession of the automobile (Veh. Code, § 10851). Three prior felony convictions were alleged.

Appellant personally and his counsel joined in waiving his right to a jury trial and his rights to confront and cross-examine witnesses. Pursuant to stipulation of counsel, to which appellant gave his personal approval, the People’s case was submitted on the transcript of the preliminary hearing. The testimony of appellant and of one other witness was introduced by the defense.

The court acquitted appellant of the grand theft charge and found him guilty of the offense charged in the second count. Appealing from the judgment, appellant states his contentions as follows: “(1) There is insufficient evidence to sustain the judgment of conviction. (2) Whenever a case is submitted on the transcript of a preliminary hearing, the accused must be advised of his right to cross-examine his accuser, and in the absence of such advice and a waiver…