Cabral

Defendant and one Singh were charged in an information with: Count I, offering to sell heroin; Count II, conspiring to obtain money by falsely promising to sell heroin; Count III, conspiring to cheat and defraud by means which were in themselves criminal. Defendant pleaded not guilty and the cause went to trial before a jury. After defendant had testified, and apparently after nearly all of the evidence was in, defendant requested and received permission of the court to withdraw his plea of not guilty to Count III. He was represented by counsel. He then regularly entered his plea of guilty to Count III. Counts I and II were dismissed and the jury was discharged. Defendant waived his right to apply for probation or presentence report and requested that judgment be pronounced immediately. He was then sentenced to state prison. Appearing in propria persona, he appeals from the judgment. He also appeals from an order denying a motion for a new trial. The record does not disclose that a motion for a new trial was made; hence the appeal from the nonexistent order will be dismissed.

Defendant’s contentions relate, in most part, to questions of fact. He argues the weight and effect of…