Gutkowsky

This court having denied four applications for appointment of counsel, notice having been given under California Rules of Court, rule 17 (a) † and no opening brief having been filed by or on behalf of the appellant, we have submitted the appeal upon the merits.

Charged in three counts with forgery of fictitious name (Pen. Code, § 470), defendant, who was represented at the trial by counsel of his own choice, waived a jury trial and was convicted of all three charges. The court found to be true allegations of two prior convictions of felony, viz., burglary in Illinois and forgery and robbery in California, for each of which convictions he served a term in state prison. *497 Probation was denied and sentences in the instant case were ordered to run concurrently.

The case was submitted upon the transcript of the preliminary hearing with the understanding that any exhibits that were received in evidence at that time be received in evidence at the superior court trial. The trial judge announced that he had read the preliminary transcript and both sides rested, whereupon the judge said: “I don’t think there is any doubt in this matter. Find the defendant guilty as charged in Counts I,…