Jones

In an information filed by the district attorney of Los Angeles County, defendant was charged with violation of section 470 of the Penal Code, forgery. An amendment to the information was filed charging three prior felony convictions. Defendant entered a plea of not guilty to the offense charged and denied the prior convictions. Trial was by the court, trial by jury having been duly waived by defendant and all counsel on the offense charged and on the prior convictions. Pursuant to stipulation of defendant and counsel, the cause was submitted to the court on the evidence adduced and the testimony contained in the transcript of the proceedings had at the preliminary hearing. At the commencement of the trial the court indicated for the record that it had read and considered the evidence produced at the preliminary hearing. Defendant testified at the trial in his own behalf. Defendant was found guilty as charged and the prior convictions were found to be true. Probation was denied and defendant was sentenced to state prison for the term prescribed by law. This is an appeal from the judgment of conviction and order denying motion for new trial.

Defendant applied to this court for…