Parmenter

Defendant was charged with the crime of driving an automobile without the owner’s consent (violation of Veh. Code, § 10851), and with a prior felony conviction of a similar offense (violation of Veh. Code, § 503). Defendant and his counsel, and the district attorney, in open court, waived trial by jury, and trial was had before the court sitting without a jury.

During trial, it was discovered that defendant had been sentenced to the Youth Authority on the alleged prior conviction during the year 1958. The allegation of the prior conviction was thereupon, on motion of the district attorney, dismissed. The court, at the trial, found defendant guilty as charged, sentenced him to state prison, and defendant appeals in propria persona “from the decision.”

In the interest of justice, for the purposes of this appeal, we will consider the notice of appeal sufficient and treat the cause on its merits.

The facts as shown by the record before us are as follows: During the night of October 10-11, 1959, a blue and white, two-door Buick sedan, year model 1955, license number CWR 786, was taken from the used car lot of San Bernardino Foreign Imports Company, owner, without its consent, at 4th…