Graves

Defendant was convicted by the court of two counts of burglary. One count charged that he burglarized the residence of Bertha Ross on or about May 3, 1962; the other count alleged the burglary of the Al-Ray Manufacturing Company on or about May 11, 1962. On appeal this court affirmed the judgment in an opinion filed on July 27, 1964, and certified for nonpublication in the official reports pursuant to California Rules of Court, rule 976. Subsequently, the Supreme Court of California granted a hearing *351 and retransferred the case to this court for further consideration in the light of the recent decision of the United States Supreme Court in Escobedo v. Illinois, 378 U.S. 478 [ 84 S.Ct. 1758 , 12 L.Ed.2d 977 ].

In Escobedo , which was decided on June 22, 1964, subsequent to the date of the trial herein, it was established that an accused has a right to counsel at the pre-arraignment accusatory stage of the proceedings and that statements obtained in violation of this right must be excluded. Following Escobedo , our Supreme Court held in People v. Dorado, 62 Cal.2d 338, 353-354 [ 42 Cal.Rptr. 169 , 398 P.2d 361 ], “. . . that defendant’s confession could not properly be…