Hall

The defendant was accused of two felonies ; count I charged violation of section 459 of the Penal Code (burglary), and count II the breach of Penal Code section 664 (attempted burglary). The appellant also admitted three prior felony convictions, one in Arkansas on or about the 8th day of September, 1952 (forgery) ; the second in Oklahoma on or about the 5th day of July, 1956 (forgery) ; the third in Fresno County, on or about the 23d day of July, 1963 (robbery).

The information was joint in form, charging Larry Hall in the same accusatory document as Glenn Adrian Carr; Carr was accused of the same two felonies and also with nine prior convictions. The ninth prior conviction of Carr for burglary was alleged to have resulted in a term in the Oklahoma State Penitentiary at MeAlester, Oklahoma. This term of imprison *280 ment began while Hall was .possibly being detained in the same penitentiary as the result of his second prior conviction on July 5,1956.

Carr’s trial was disposed of apart from the instant case. The jury in the instant case was unable to agree as to Hall’s guilt on the first count but it was unanimous on the second count, that is to say, attempted burglary of the…