Molina

—Defendant Salvador Molina was convicted after a juiy trial of forcible rape and burglary, and an allegation that Molina was armed at the time of the commission of the offenses was found true. A minute order and abstract of judgment state that a prior felony conviction alleged in the information is found to be true. The trial court imposed a state prison sentence consecutive to another ordered by it on revocation of Molina’s probation for a separate offense.

In this appeal, Molina contends: (1) the trial court erred in denying his motion for a continuance to secure private counsel in lieu of the public defender without first inquiring into the nature of Molina’s dissatisfaction with public defender representation; (2) the reference to the prior conviction must be stricken from the judgment; (3) the probation report relied upon by the trial court in imposing sentence contains improper and inaccurate information; (4) the court erroneously construed the probation report and applied an erroneous standard in imposing sentence; and (5) trial counsel was ineffective for failing to point out to the trial court its misconstruction of the probation report.

We conclude: (1) Molina…