Burkett

In superior court case 288718 defendant was charged with three counts of burglary (Pen. Code, § 459) and one count of forgery (Pen. Code, § 470). The information also alleges that at the time of the commission of the forgery defendant was armed with a deadly weapon, and that he had previously been convicted of burglary, a felony. Defendant pleaded not guilty and denied the allegations as to the weapon and the prior conviction. Before trial he changed his plea on the forgery count to nolo contendere. At the same time he waived a jury trial on the issues as to the weapon and the prior conviction. The court found the allegation as to being armed not proved, and found the allegation of the prior conviction to be true. On July 30, 1964, defendant was sentenced to state prison. The burglary charges were then dismissed.

In superior court case 261263 defendant was charged with and found guilty of burglary; and on September 25, 1962, proceedings were suspended and probation was granted for two years. On July 30, 1964, when defendant was before the court for sentence on his forgery plea, the court revoked the probation granted in 1962 in case 261263 and sentenced defendant to state prison.…