Bauer

Arthur Bauer was convicted of the first degree murder of Mary Livingston and sentenced to life imprisonment. After being represented by appointed counsel at the trial, the defendant filed a late appeal in propria persona from the “sentencing.” This court, after due consideration of his application, permitted the late appeal and upon request appointed appellate counsel for the defendant.

Although, in the conclusion of the able brief filed in behalf of the defendant, the request is made only that this court reduce the degree of the offense (Pen. Code, § 1260; People v. Tubby, 34 Cal.2d 72, 79-80 [ 207 P.2d 51 ]), we note that as to several of the points raised, if they are sound, a reversal rather than a mere lowering of the degree of the crime would be required.

While the notice of appeal states that it is from the “sentence,” it will be considered as being from the judgment of conviction (People v. McDonough, 198 Cal.App.2d 84 [ 17 Cal.Rptr. 643 ]), since the judgment and the sentence are in fact one in common parlance and contemplation. (People v. Sweeney, 55 Cal.2d 27, 33 [ 9 Cal.Rptr. 793 , 357 P.2d 1049 ].)

The defendant, through court-appointed counsel, presents five…