People v. Carnes

Defendants were jointly charged with the crime of burglary in violation of section 459 of the Penal Code.

The jury returned verdicts finding both defendants guilty of burglary in the second degree. Motions of defendants for a new trial were denied; proceedings were suspended, and both were granted probation for five years upon conditions, among others, that each spend the first 60 days of his probationary period in the county jail. Defendant Miller, hereinafter referred to as appellant, has appealed from the order granting probation and the order denying his motion for a new trial. (Defendant…