Locklar

Defendant Locklar appeals from his conviction by a jury of two counts of burglary.

By separate informations filed March 25, 1977, appellant was charged with the burglary of a motor vehicle committed on or about November 16, 1976 (information, MCR 2991; Pen. Code, § 459) and with the burglary of a residential building committed on or about January 31, 1977 (information, MCR 2988; Pen. Code, § 459). A recitation of the facts upon which these charges are based is unnecessary for the disposition of this appeal.

Appellant was appointed counsel from the Monterey Public Defender’s office, and entered pleas of not guilty to each count.

On April 29, 1977, it was agreed by the parties at the pretrial hearing of number 2988 that the two actions were not to be consolidated for trial and that number 2988 was to be set on a trailing basis behind number 2991.

When number 2991 came for pretrial on May 6, 1977, a different deputy district attorney moved for consolidation of the two actions. This motion was denied by the court, noting the prior agreement.

On May 16, 1977, after several continuances caused by the unavailability of courtrooms, the prosecution again moved for a…