Scott

This is an appeal from a judgment of conviction after trial by jury on two counts of burglary and two prior felony convictions. The facts are not disputed.

The evidence disclosed that the appellant was arrested after making purchases of clothing at the Dorca Sportswear Shop and the Kaldor Knit Shop in Berkeley. Bach purchase was under $50 and was made with a Bank of America credit card which had been stolen from Bertha Davis to whom it had been issued. Appellant, without the authorization of Bertha Davis, used the card and signed Bertha Davis’ name on the sales slips. The purchases with the credit card were conceded by appellant, but she offered the excuse that a friend (not Bertha Davis) had given the card to her with directions to use it. The friend did not appear at the trial.

Appellant was charged in three counts of felony: Count one, a violation of section 484a, subdivision (b) (6) of the Penal Code, involving misuse of a credit card. Count two, burglary, for entry of Dorca Sportswear “with intent to commit theft.” Count three, burglary, for entry of Kaldor’s Knit Shop “with intent to commit theft.” She was also charged with three prior felony convictions.

Appellant…