Allen

In count 1 of an information defendant Aden was accused of petty theft (committed on December 12, *338 1959) with a prior conviction of burglary. In count 2 defendants Allen and Smith were accused of petty theft (committed on January 15, 1960) with a prior conviction of burglary as to Allen, and with a prior conviction of petty theft as to Smith. It was alleged further therein that Allen also had been convicted of two other felonies (forgery and escape). Trial by jury was waived. By stipulation the ease of the People was submitted on the transcript of the preliminary examination. Neither defendant testified. Bach defendant was found guilty as charged. The allegations as to prior convictions of Allen were found to be true. Motions for a new trial were denied.

The court also revoked an order wherein Allen had been granted probation upon the prior conviction of escape.

Allen’s notice of appeal will be regarded as a notice of appeal from the judgment and the order denying his motion for a new trial.

Allen also appeals from the order revoking probation.

(Smith filed a notice of appeal, but his appeal has been dismissed for failure to file an opening brief.)

Appellant Allen…