Mendosa

The defendant was convicted of burglary in the second degree and appeals from the judgment and from the order denying his motion for a new trial.

The judgment pronounced upon such conviction was as follows:

The opinion of the district court of appeal of the first appellate district was in part as follows:

We are entirely satisfied with this portion of the opinion and adopt the same as part of the opinion of this court.

This cause was ordered transferred to this court for the reason that we were not satisfied that the judgment of the district court of appeal was a proper judgment in view of the conclusion of the court as expressed in this opinion. It is apparent from what has been said that the judgment of the superior court was erroneous. Under the circumstances there should be no new trial of this cause, but the superior court should be required to pronounce proper judgment upon the conviction legally obtained.

The order denying a new trial is affirmed. The judgment is reversed, with directions to the lower court to arraign the defendant for judgment and to thereupon proceed with the matter of the judgment in the manner required by law.