Garcia

Appellant, Leo Don Garcia, one of three defendants, was charged in an information filed by the District Attorney of the County of Santa Barbara with the crimes of burglary and grand theft. The defendants were duly arraigned, counsel was appointed, and following their pleas of not guilty a jury trial was had in which verdicts were returned finding the defendants guilty as charged. Appellant’s motion for a new trial was denied, as was his application for probation. Appellant Garcia was sentenced to the state prison for the term prescribed by law, the crime of burglary being fixed at second degree. The grand theft counts were dismissed on motion of the District Attorney.

Defendant then filed a notice of appeal and submitted for filing with this court a document purporting to be his opening brief, in propria persona, in which he raised three points, namely:

Thereafter, at defendant’s request, we appointed counsel to act in his behalf. His counsel has filed with us a full statement of the facts of the case, the issues involved on appeal, his review of applicable law and his conclusion that the appeal is without merit.

The Attorney General thereupon moved to dismiss the appeal as…