Lilyroth

Defendant-appellant was charged with burglary (violation of Pen. Code, § 459) in addition to three prior felony convictions. He was represented by counsel at the trial, entered a plea of not guilty and not guilty by reason of insanity, and denied the prior convictions. The jury found him guilty of burglary, second degree, the prior convictions to be true, and that he was sane at the time of the commission of the burglary. A motion for new trial was denied. He was committed to state’s prison.

Defendant filed his own notice of appeal in propria persona and later, at defendant’s request, this court appointed counsel to represent him. It was the same counsel who represented him at the trial and he now, after a complete examination of the record and by permission of this court, has filed a general report, in lieu of appellant’s opening brief, to the effect that after judgment was procured he moved to be relieved from further representing defendant in the trial court, and the motion was granted; that it was his studied opinion that the evidence showed defendant was caught by the police hiding under the desk at the place he was charged with burglarizing, and the exact amount of cash…