Lohman

By amended information, Charles Michael Lohman was charged in Count I with the grand theft of an automobile from Paul’s Chevrolet on June 21, 1958, and in Count II with violating Vehicle Code, section 503, on the same date. It was also alleged that he had previously suffered a felony conviction for violation of the Dyer Act. Lohman pleaded not guilty and denied the prior conviction. When the matter came on for trial, he withdrew his plea of not guilty as to Count II and pleaded guilty to that count, and on motion of the People the allegation respecting the prior conviction was stricken. A probation report was ordered; a hearing was held on Lohman’s application for probation; Count I was dismissed; probation was denied and Lohman was sentenced to state prison on Count II. He appeals from the judgment.

Upon application of appellant for appointment of counsel, *132 we examined the record in order to ascertain whether the appointment of an attorney would serve any useful purpose. Having determined that the appeal appeared to be without merit we denied the application for appointment of counsel and notified appellant of our order, substantially extending his time to file a brief. No…