Remme

Defendant burglarized an acquaintance’s house and took away an automobile and other items. He was convicted of burglary, grand theft, and petty theft.The trial court sentenced him to the terms prescribed by law for the first two offenses,felonies, and to 140 days imprisonment in the county jail for the petty theft, a misdemeaor, crediting him for this sentence with 140 days already served. He filed, in propria persona, a notice of appeal. We reversed these convictions (People v. Remme, nonpublished opinion, District Court of Appeal, Fourth District, Crim. No. 1681, March 26, 1965) solely on technical requirements established by Escobedo v. Illinois, 378 U.S. 478 [ 84 S.Ct. 1758 , 12 L.Ed.2d 977 ], and People v. Dorado, 62 Cal.2d 338 [ 42 Cal.Rptr. 169 , 398 P.2d 361 ], after the trial. On retrial, defendant was charged only with the burglary and grand theft and a jury again convicted him. He appeals from this judgment, contending that since he had been convicted and sentenced for the petty theft, section 654 of the Penal Code bars his further punishment for the burglary and grand theft.

Our own review of defendant’s second appeal discloses that in his first appeal, defendant…