Brownlee

—Arthur Brownlee (Brownlee) was charged by information with four counts of burglary in violation of Penal Code section 459 and one count (count V) of attempted burglary in violation of Penal Code section 664/459. He was also charged with conviction of four prior felonies, forgery, grand theft and two convictions for burglary. Brownlee was found guilty on counts I, IV and V and acquitted on counts II and III. Count I charged burglary of the house of Carl Mathis on May 10, 1976. Count IV charged burglary of the home of Emil John King on June 9, 1976, and count V charged the attempted burglary of the house of Elwin Raikes on June 15, 1976. Brownlee was represented by Michael O. Clark, deputy public defender, at the arraignment, all pretrial motions and until the third day of trial. Pretrial motions to dismiss for lack of prosecution, for denial of speedy trial and motion under Penal Code section 1538.5 to suppress certain evidence, allegedly illegally seized incident to arrest, were denied. On the third day of trial (Jan. 11, 1977) the court denied Brownlee’s motion for a continuance until he could employ private counsel to represent him but did grant Brownlee’s motion to…