Romero

By information Charles H. Bomero was accused of burglary. It was alleged that he had served two terms in state prison following convictions of burglary. Trial by jury having been waived, he was convicted in a trial in which he was represented by a deputy public defender and was sentenced to state prison. Although he admitted on cross-examination having suffered the prior convictions they were not otherwise proved and the court made no finding thereon. Under stipulation the trial was upon the evidence received in the preliminary examination and additional evidence received at the trial. 1 Defendant appeals from the judgment, in propria persona.

Defendant requested appointment of counsel on the appeal. *645 After examining the record we denied the request for the reason that the appeal is obviously devoid of merit. After 30 days’ notice given to defendant no brief has been filed.

Defendant was caught red-handed in a burglary. It was proved that at about 2 o’clock p. m., from a residence directly across the street from the Mencer residence, Mrs. Osborne saw defendant carrying a garbage can toward the rear of the Mencer home; advancing to the center of the street, Mrs. Osborne…