Replogle

This is a consolidated appeal 1 from two separate judgments of conviction of burglary. In case No. 10334, defendant, after sundry proceedings hereinafter set forth, was found guilty of burglary in the first degree; a motion for new trial was denied, but the trial court, in lieu of granting the motion, reduced the offense to burglary in the second degree, denied probation, and imposed a prison sentence. In case No. 10335, defendant ultimately pled guilty to one count of a two-count information charging two other burglaries. The second count was dismissed, a prior felony conviction was found to be true, probation was denied, and a prison sentence was imposed.

Case No. 10334

Appointed counsel argues that the judgment and sentence in this case are void because the case proceeded before Judge Noble after a valid affidavit of prejudice had been filed against him pursuant to section 170.6 of the Code of Civil Procedure. The record does not sustain the contention.

Upon the filing of the information, the matter was first before Judge Noble on October 17, 1963; it was continued for plea until October 24, 1963, Deputy Public Defender Boags being appointed to represent defendant. On…