Lenaberry

Harold Orville Lenaberry was charged with burglary, committed by entering a 1958 Chevrolet with intent to commit theft. It was also alleged that he had suffered four prior convictions of felonies for which he had served prison terms. The prior convictions were proved and the allegations of the same were found to be true. The appeal *589 is from the judgment and sentence which we construe as a single appeal from the judgment.

Defendant was represented by a deputy public defender. Trial by jury was duly waived. Pursuant to stipulation the cause was tried upon the evidence adduced at the preliminary examination and other evidence received at the trial.

There was evidence that defendant was seen entering ears on a parking lot; police officers were called; defendant ran, jumped over a wall, was overtaken and arrested. The Chevrolet was locked; when the owner returned to it he found that a wind wing had been broken. After his arrest defendant voluntarily stated to two officers that he had entered several cars, one of them a Chevrolet, and that he had broken wind wings with a beer can opener; he was looking for anything of value but did not intend to steal the cars. A beer can opener…