Brown

pro tem. —Defendant was charged by information with violation of section 288 Penal Code (lewd and lascivious act upon the body of a child under 14 years of age) in two counts. He was also charged with four prior convictions of felony and with having served a term of imprisonment in the state prison upon each of such convictions. The priors alleged were for burglary, a felony, in the State of Alabama on April 4, 1938; attempted robbery, a felony, on October 18, 1955, in the State of California; burglary, a felony, on October 18, 1955, in the State of California, and violation of section 288 Penal Code, a felony, on October 15, 1962, in the State of California.

Defendant entered a plea of not guilty and on the day set for trial he admitted the truth of the allegations with respect to the second, third and fourth priors and the allegations as to the first prior were stricken on motion of the district attorney.

The cause was tried before a jury which returned its verdicts finding the defendant guilty as charged on both counts.

The minutes of the court disclose that on May 10, 1966, upon the return of the jury verdicts, a probation report was ordered, the probation hearing, motion…