Renteria

Defendant appeals from a judgment finding him guilty of six counts of robbery.

Facts: Defendant personally and all counsel waived jury trial.

By stipulation of all counsel, the cause was submitted on the testimony contained in the transcript of the proceedings had at the preliminary hearing, subject to the court’s rulings, with each side reserving the right to offer additional evidence.

All stipulations entered into at the preliminary hearing were deemed entered into in the proceedings herein; and it was further stipulated that all exhibits received at the preliminary hearing were deemed received in evidence subject to the court’s rulings.

The trial court found defendant guilty on all six counts of robbery and also found that he was armed at the time of five of the robberies.

Questions: First. Was there evidence to sustain the trial court’s finding that defendant had suffered four prior convictions ?

No. The record discloses that the People offered proof of only three of the alleged prior convictions and expressly refrained from offering any proof of another alleged prior conviction, to wit, a burglary conviction suffered in Shasta County on January 2, 1951. Therefore, there…