Bernard

By information defendant was charged with two counts of forgery. (Pen. Code, § 470.) The information also charged him with two prior felony convictions. Defendant admitted the two prior convictions and on his plea of “not guilty” to the two forgery counts, the case went to trial before a jury. After some testimony was produced, defendant waived the jury, a certain stipulation concerning further evidence was entered into and defendant was found guilty by the court. Thereupon ensued a conversation between Mr. Olson, defendant’s counsel, defendant and the court which is set forth in the footnote and which forms the *37 entire basis of this appeal. 1 Arraignment for judgment was then waived, and defendant was sentenced to serve two concurrent terms in the state prison. The court also stated: “It does appear to the court that the defendant probably needs psychiatric assistance . . . the court recommends that the defendant be committed to Vacaville in serving his term. ”

On appeal defendant contends that the trial court failed to exercise its discretion to order a presentence probation report and that he did not knowingly and intelligently waive his right that the court order such a…