Coleman

Ralph J. Coleman, charged by information with burglary, with two prior convictions of felony, which he denied, was convicted in a non jury trial and sentenced to state prison. He appeals in propria persona from the judgment and from an order denying his motion for new trial. He requested appointment of counsel on the appeal; we read the record, determined that the appeal is frivolous and denied the application. Defendant was so advised, was given time to file a brief and none has been filed.

There was evidence of the following facts. Defendant had his ear in a body shop for repair. He paid his bill with a cheek for $11, which was payable to him, and drove away shortly before the shop was locked up for the night, at about 6 p. m. Shortly thereafter the foreman returned and found defendant in the office, hiding behind a filing cabinet. Defendant had removed his socks and covered his hands with them. The office was ransacked, but nothing was missing. There was a hole in the roof estimated to be about 18 by 20 inches. In the dust, leading from the hole to the stairway down into the shop, there was a single pair of footprints. There was evidence that the clothing defendant was wearing…