Collins

John Joseph Collins and Leroy Gardner were jointly accused of burglary and grand theft consisting of entry of a store building of Norman H. Satehell in Los Angeles and theft of a cash register of the value of $600 and money in the amount of $100. In a jury trial in which they were represented by Deputy Public Defender F. Kilbride, Gardner was acquitted and Collins was convicted of burglary in the second degree and grand theft, and was sentenced for both crimes. Collins was also found to have suffered four prior felony convictions which were alleged in the information ; he appeals from the judgment. He applied for appointment of counsel on the appeal. We read the record, found the judgment to be subject to modification by deleting the sentence for grand theft, and that in other respects the appeal was without any semblance of merit. The application was denied. After due notice, no brief has been filed.

*612 There was evidence of the following facts. Collins and another man entered the cleaning establishment of one Satchell at about 6:30 p. m. Collins took hold of a cash register, wrenched it loose from its pedestal base and started away with it. He had moved 7 or 8 feet, carrying…