Dill

James Dill and Lawrence Robert Early were jointly accused by information and convicted of burglary, which the jury found to be of the second degree. Dill was represented by the public defender; his motion for a new trial was denied, probation was denied and he was sentenced to state prison. Allegations that he had suffered three previous convictions of felony were proved and found to be true. Dill appealed in propria persona from the judgment. Upon his application for appointment of counsel on the appeal we read the record, determined the appeal to be without any merit and denied the application; defendant was notified, was given time for the filing of a brief, and has filed none.

Dill and Early were apprehended at about 2 a. m. while burglarizing a gas station of cartons of oil. The station had been broken into and a burglar alarm had been activated. Officers Johnson and Manuel, driving nearby, heard the alarm *804 and drove to the station. Parked just outside the enclosed room where the oil was stored was an old ear, without lights. The room had been broken into. Johnson testified that he saw Dill emerge from the room carrying a carton of oil, which was handed to and received…