People v. Kageler

Opinion

KEENE, J. *

In a one count information the defendant was charged with grand theft in violation of section 487, subdivision 1, of the Penal Code; a jury convicted him. The trial was preceded by a motion to dismiss pursuant to section 995 of the Penal Code and followed by a motion for a new trial pursuant to section 1181 of the Penal Code—they were both denied. Following a 90-day commitment to the Department of Corrections and the obtaining of a diagnostic report (§ 1203.03, Pen. Code) the defendant was granted formal probation for a period of five years predicated upon the suspension of…