McCoy

By information, appellant La Hue and his co-defendant, one McCoy, were accused of burglary in violation of section 459 of the Penal Code. Upon arraignment, appellant waived his right of counsel and entered a plea of guilty to the crime as charged. Probation was denied, judgment of conviction was pronounced, and appellant was sentenced to state prison for the term prescribed by law. On the afternoon of the same day, court reconvened to determine the degree of the crime. Upon the sole testimony of McCoy, the crime was determined to be burglary in the first degree.

Appellant, who appeals on his own behalf, appears to make three contentions. First, that before entering a plea of guilty to a crime divided into degrees, the degree must first be determined and hence, the court committed prejudicial error when it pronounced judgment prior to the determination of the degree of the offense; second, that the evidence was insufficient to support a finding that the crime was burglary in the first degree; and third, that he was under the belief that he was pleading guilty to burglary in the second degree.

Under the procedure prescribed by section 1192 of the Penal Code where, as here, there…