Kyllingstad

Defendant was convicted of second degree burglaiy (Pen. Code, § 459) and was sentenced to state prison. On appeal he raises issues concerning the voluntariness of his confession, the trial court’s ruling that he could be impeached with prior convictions for burglary and attempted burglary, inadequate assistance of counsel, and instructional error.

Facts

Since the sufficiency of the evidence is conceded, the facts may be briefly stated.

Some time between 9 a.m. and noon on September 14, 1976, the home of Valerie and John Werlich was burglarized. Entry had apparently been made through a sliding glass door at the rear of the home. Various items were taken from both the house and the garage. Eventually defendant confessed to the crime and acknowledged that he had taken the property.

The defense was alibi. Defendant’s mother testified that he was home painting the house on the morning in question. Her testimony was corroborated by James Lewis, a friend of defendant’s, who stated that he had visited defendant on the morning of September 14, 1976, and had seen him painting the house. Defendant did not testify.

Discussion

1. The Confession.

At a special hearing on the…