People v. Williams

—This is an appeal from a judgment of conviction of burglary in the second degree.

In an information filed in Los Angeles on March 3, 1967, defendant was charged with codefendant Morrison with burglarizing the apartment of Will Rainey on February 3, 1967, and in count 2 with receiving stolen property, a stereo- television set, on February 4, 1967. It was further charged that Williams previously had been convicted of the crime of violating the provisions of section 459, Penal Code, on or about July 6, 1965. Morrison pleaded nolo contendere to the burglary charge (count 1). Williams waived a jury trial and the cause was submitted upon the testimony contained in the transcript of the proceedings had at the preliminary hearing, all exhibits to be received into evidence subject to the rulings of the court. At the further hearing Morrison testified for the prosecution. Williams was found guilty of burglary in the second degree and not guilty of receiving stolen property. The charge of the prior conviction was found to be true. Williams was sentenced to the state prison, the term to run consecutively to a sentence in superior court case numbered 302765. The court said at the time of…