Flores

pro tern.—This is an appeal from a judgment entered upon a verdict finding appellant guilty of petty theft and burglary.

The information upon which appellant was tried and convicted was in two counts, the first count charging him with a violation of section 484 of the Penal Code in that on or about October 29, 1951, in Merced County, he feloniously took a portable Singer sewing machine, the personal property of Singer Sewing Machine Company, of the value of $149.50; that previously, on May 31, 1940, he had been convicted of grand theft, a felony, in the Superior Court of Sacramento County and served a term in a penal institution therefor. Count 2 of said amended information charged him with a violation of section 459 of the Penal Code in that on or about October 29, 1951, in the county of Merced, he wilfully entered the shop and building owned and occupied by the Singer Sewing Machine Company with the intent to commit theft.

One Louis Argandar was charged in a separate information with the same offenses. Appellant entered a plea of not guilty to both counts, and Argandar pleaded guilty to Count 1 and not guilty to Count 2. Both admitted the prior convictions. The two cases were…