People v. Yachimowicz

The defendant was charged in an amended information filed in the superior court with three offenses, burglary, grand theft and receiving stolen property. Count I, charging burglary, was dismissed “in the interest of justice,” . and upon a jury-waived trial he was found “not guilty” of receiving stolen property and “guilty” of the crime of grand theft, for which offense he was sentenced to imprisonment in the state prison for the term prescribed by law. He appeals from the judgment and from an order denying a new trial and contends, first, that there was a material variance in the property…