Moranda

In this appeal from a judgment of conviction finding him guilty of petty theft (Pen. Code, § 484) with a prior felony conviction (Pen. Code, § 667), appellant, Harold Charles Moranda, in pro per., contends that he was erroneously convicted of a felony.

The clerk’s transcript indicates that on February 28, 1963, an information was filed, charging the appellant with a felony, petty theft in violation of section 484 of the Penal Code, and a prior felony conviction and service of term. The information did not mention section 667 of the Penal Code. Appellant was arraigned and counsel appointed to represent him. He entered a plea of guilty to the petty theft charge and admitted serving a prison term for a prior felony conviction, second degree burglary. Thereafter, the court rendered its judgment finding appellant guilty of a felony and sentenced the appellant for the time prescribed by law. An examination of the record below discloses no prejudicial error.

Appellant contends that he was erroneously convicted of a felony as petty theft is only a misdemeanor. Section 667 of the Penal Code makes petty theft a felony when the accused has been previously convicted of a felony and served a…