Mujica

An information was filed in the Orange County Superior Court in July 1965 charging the defendant Delio Mendoza Mujica and a codefendant Abel Guitterez Mendoza with the crime of burglary (Pen. Code, § 459). The information also contained an allegation to the effect that the defendant Mujica had suffered a prior conviction of section 10851 of the Vehicle Code. The public defender was appointed to represent both defendants; each entered a plea of “not guilty ’ ’; and defendant Mujica denied the prior conviction. A jury trial ensued and defendant Mujica admitted the prior conviction outside the, presence of the jury. The jury found both the defendants guilty as charged and fixed the crime of burglary in the second degree. The defendant Mujica’s application for probation was denied, and he was sentenced to state prison. Both defendants filed notice of appeal from the judgment of conviction, but codefendant Mendoza’s appeal was heretofore dismissed by order of this reviewing court on April 7,1966.

The evidence discloses that under the cover of darkness in the early morning hours of June 29, 1965, the Flamingo Bar in the City of Stanton was burglarized. Forcible entry was gained by…