Lundy

People v. Lundy

Good Law
1969 Cal. App. LEXIS 1477·2 Cal. App. 3d 939·82 Cal. Rptr. 815
Court of Appeal of CaliforniaDecember 22, 1969Crim. 15795California2,769 words

Opinion

Opinion

Kingsley, J.

Defendant, together with Robert S. Linnear, was charged with two counts of robbery; a prior felony conviction was alleged as against defendant. He pled not guilty but admitted-the prior. After a trial by jury, he was found guilty as charged, the jury fixing the degree at first degree. A motion for a new trial was made and denied; probation was denied; he was sentenced to state prison, the sentence on the two counts to run concurrently. He has appealed from the judgment; we affirm.

After judgment was entered, and after the notice of appeal therefrom had been filed, defendant, in propria persona, filed a document entitled as a motion for a new trial and a motion to vacate the judgment. Those motions were denied by a minute order. Defendant filed a propria persona notice of appeal from that order. We dismiss that appeal. The attempt to move for a new trial, being made after judgment, was not timely; being made after the appeal had been taken, the superior court had no jurisdiction; even if timely and within the court’s jurisdiction, the order is not appeal-able. The motion to vacate the judgment although timely, stated nothing not raised and argued on the appeal from the…

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