Chung

In an information filed by the district attorney, Mickey Nakamura Chung was charged in Count I with burglary in violation of section 459 of the Penal Code; in Counts II, III, IV and V with forgery in violation of section 470 of the Penal Code. A prior conviction for robbery was alleged and charged against defendant with respect to each count. Defendant pleaded not guilty and denied the prior. Trial was by the court, trial by jury having been duly waived and pursuant to stipulation of defendant and all counsel the cause was submitted to the court on the testimony contained in the transcript of the proceeding had at the preliminary hearing.

It was further stipulated that neither side is to submit any further evidence. Defendant did not testify. Defendant was found guilty as charged. The court fixed the degree of burglary to be second degree. No finding was made on the prior conviction alleged. Probation was denied and defendant was sentenced to state prison for the term prescribed by law on each of the counts charged. The corrected judgment found in the clerk’s transcript does not indicate whether the sentences were made to run concurrently or consecutively and, absent an order…