Campo

This is an appeal from a judgment of conviction of forgery (§470, Pen. Code), and of receiving stolen property (§496, subd. 1, Pen. Code).

In an information filed in Los Angeles County on July 27, 1967, James Eldon Campo (appellant) and Carl Lockhart were charged in count 1 with burglarizing a building on May *314 13, 1967; in count 2 Campo was charged with forgery in that he did on May 13, 1967. make a check in writing for the payment of $112.23 and did then pass the same knowing the check was forged and with intent to cheat and defraud Sara’s Place; in count 3 it was charged that Campo did on May 13, 1967, receive a camera and certain cheeks knowing the same to have been stolen from Lewis Smith. Certain prior convictions were also charged against Campo. Campo pleaded not guilty and at first denied the charged priors. Later he admitted to seven prior convictions.

In a jury trial Campo was found not guilty of the charged burglary and guilty of the charged forgery and of the charge of receiving stolen property. Campo was sentenced to the state prison, the terms on each count to run concurrently.

A résumé of some of the facts in the case follows: at about 3 :15 a.m. on May 13,…