People v. Powell

Defendant was charged in count 1 of an information, with grand theft auto in violation of section 487, subdivision 3 of the Penal Code. In count 2 of the same information he was charged with taking an automobile without the owner’s consent in violation of section 10851 of the Vehicle Code. A jury was waived and the cause was submitted to the court on the testimony contained in the transcript of the preliminary examination with no additional evidence being offered. Defendant was convicted of a violation of section 499b of the Penal Code, which the court determined to be “a lesser and…