Nunez

Defendant appeals from the judgment entered on a jury verdict finding him guilty of the first degree burglary of a telephone booth. The information originally charged defendant with an additional count of burglary of the telephone booth by use of explosives (Pen. Code, § 464). Before impanelment of a jury, the explosives count was dismissed on the motion of the People after the prosecutor told the court the evidence would show a burglary of a telephone booth by use of a hand gun.

The contentions raised on appeal are: (1) Under Miranda v. Arizona (1966) 384 U.S. 436 [ 16 L.Ed.2d 694 , 86 S.Ct. 1602 , 10 A.L.R.3d 974 ], the evidence was insufficient to show that, before he was interrogated by the police, defendant knowingly and intelligently waived his constitutional right to remain silent; (2) the court’s instructions on first degree burglary were prejudicially erroneous; and (3) defendant was denied procedural due process because the count of the information upon which he was convicted charged burglary in general terms without specifying the acts and classifications of first degree burglary. We have concluded that defendant’s contentions cannot be sustained. Accordingly,…