Gaynor

Defendant was charged with burglary (Pen. Code, § 459) in Counts 1, 2 and 4 of an information, and with grand theft of an automobile (Pen. Code, § 487, subd. 3) in Count 3. It was also alleged that he had suffered a prior felony conviction of robbery. Defendant’s counsel made a motion under section 995 of the Penal Code as to Count 4 only. This motion was denied. The ease was submitted on the transcript of the preliminary hearing and a record of defendant’s prior conviction. He was found guilty of burglary in the second degree on all three counts, and the alleged prior conviction was found to be true. Defendant was found not guilty of the charge of grand theft (auto) in Count 3. Defendant was sentenced to state prison, the sentences as to Counts 2 and 4 being ordered to run concurrently with each other but consecutively to Count 1. He has appealed from the judgment.

It is unnecessary to state the facts involving these burglaries since no claim is made that the evidence is insufficient to support the conviction on any of them nor is any suggestion made that the court erred in the admission or rejection of evidence.

In seeking a reversal defendant makes two contentions: (1) that…