People v. Holmes

Opinion

STEPHENS, J.

Defendant was charged by information with violation of Penal Code, section 487, subdivision (grand theft). Defendant, appearing with counsel, was arraigned and pled not guilty. Defendant personally and all counsel waived jury trial and stipulated that the case be submitted on the transcript of the preliminary hearing, each side reserving the right to offer additional evidence. Further testimony was taken and the court found defendant guilty of violating Penal Code, section 484 (petty theft), a lesser and necessarily included offense. Probation was denied and defendant was…