Cowins

Under a single ease number we have separate appeals from two convictions for petty theft committed after a prior conviction of petty theft (Pen. Code, § 666).

Each case was tried separately, before a different judge and on a different record. In each case the defendant waived his right to a jury trial and agreed to submit the matter upon the transcript of the preliminary examination. Defendant was found guilty as charged and sentenced to state prison, the two sentences to run concurrently.

Counsel appointed by this court to assist defendant on these appeals has reported that, upon thorough examination of the record and after consultation with the attorney who represented defendant at the trial, no issue of law which could be presented on this appeal has been found in the ease tried under superior court number 288143. We have also examined the record and have found no error.

In superior court number 294260 counsel makes a single point: that the prosecution failed to prove that defendant had “served a term” for his prior conviction, citing People v. Wallach, 8 Cal.App.2d 129 [ 47 P.2d 1071 ], The cited case is not controlling here because of the subsequent (1957) amendment of…