Onstad

In a nonjury trial, trial by jury having been duly waived, Glen A. Spaulding was found guilty of grand theft of an automobile, the property of one Demere. The court also found that the defendant had suffered a prior conviction of receiving stolen property and had served a term in state prison therefor as alleged in the information. Defendant made a motion for new trial which was denied; probation was denied and defendant was sentenced to state prison. He duly gave notice of appeal from the judgment and the order denying his motion for new trial in propria persona.

Defendant was represented at the preliminary and upon the trial by a deputy public defender. Under stipulation the cause was submitted to the court upon the evidence received at the preliminary and additional evidence received in the trial. Defendant requested appointment of counsel on the appeal; we read transcripts of the evidence received at the preliminary and upon the trial. The record disclosed no error or insufficiency of the evidence and it appearing that representation by counsel would be of no benefit to the defendant or the court, the request was denied. Defendant was notified and given time to file a brief.…