Montigo

Defendant appeals from a judgment entered upon a jury verdict finding him guilty of two counts of burglary second degree, a violation of section 459 of the Penal Code.

A brief summary of the facts will suffice as background for discussion since neither of defendant’s two grounds of appeal attacks the sufficiency of the evidence. Defendant, who represented himself in the trial court, urges a reversal, first, upon the ground that his waiver of trial counsel was not intelligently and effectively made and, second, that statements made by the prosecutor during his summation to the jury constituted improper comments on defendant’s failure to testify.

During the early morning hours of July 30, 1965, the H. & M. Tractor Company and the Silveras Service Station, both located in Stockton, were burglarized, and from each place personal property and money were taken. About 5 a.m. the same morning defendant was apprehended walking a few blocks from where the burglaries occurred. His pockets and shirt front were bulging with various items of personal property, later identified as articles stolen in the two burglaries. He also had $153.14 in cash, a large screwdriver and a glass…