Lundy
People v. Lundy
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…