Scott

Two defendants, one of whom is appellant Scott, were charged, tried and found guilty by a jury of violation of Penal Code section 459, in entering a building, to wit: a telephone booth, with intent to commit theft. Upon appellant’s request we appointed counsel to represent him on this appeal. This attorney, after examining the record, has advised the court he can find no meritorious grounds for appeal. We have also reviewed the record and have considered the arguments made by appellant personally in a letter addressed to the court. We also find no merit to the appeal.

*119 Commission of the offense was observed by a woman and her 17-year-old daughter from the vantage point of the front window and porch of their home. The phone booth is located near the front of their premises. The scene was well lighted by a street light. The attention of the two women "vvas directed by a loud noise. One of the men, who appeared to be the shorter of the two, was observed in the booth. “ [H]e had a long object with him and was prying at something. . . . He kept pulling down. ’ ’ The other was standing by. A parked brown or maroon colored 1949 or 1950 Chevrolet with whitewall tires and without…