Smyers

A jury found defendant guilty of burglary, rape and two counts of first degree robbery. As to the robbery counts, the verdicts each contained the additional finding that defendant was armed at the time of the commission of the offense. Defendant appealed and, in People v. Smyers, 261 Cal.App.2d 690 [ 68 Cal.Rptr. 194 ], the judgment was reversed “for the purpose only of rearraigning appellant for judgment under circumstances which will accord to him his constitutional right to counsel at that time.” Upon his return to superior court, the court entertained a motion for new trial which it denied after the presentation of additional evidence. Defendant was then rearraigned for judgment in conformity with the directions of the appellate court, and was resentenced, as before, to state prison. The judgment contains the recitals as to the robbery counts that defendant “was armed as alleged.”

Defendant again appeals from the judgment. (He also purports to appeal from the order denying his motion for new trial from which no appeal lies, and which appeal must be dismissed in any event for reasons discussed hereafter.)

Defendant raises no question about the proceedings on his…