Brown

In an information filed by the District Attorney of Los Angeles County, defendant was charged with the crime of petty theft with a prior conviction of a felony, in violation of section 667 of the Penal Code. The prior conviction was for the same offense with which defendant is now charged, namely, petty theft with a prior conviction of a felony. Defendant pleaded not guilty and denied the prior conviction. Trial was by the court, trial by jury having been duly waived by defendant. Pursuant to stipulation of defendant and all counsel the cause was submitted to the *129 court on the testimony contained in the transcript of the proceedings had at the preliminary hearing. The trial judge indicated for the record that he had read and considered the evidence had at the preliminary hearing.

Defendant did not testify in his own behalf. He was found guilty as charged. Probation was denied and defendant was sentenced to the state prison for the term prescribed by law. Defendant prosecutes this appeal from the judgment of conviction. Application was made by defendant for appointment of counsel to assist him on appeal. This court, having made an independent investigation of the record and…