Scott

In superior court case 296636 a jury found defendant guilty of these offenses, all committed on November 4,1964:

Assault with a deadly weapon upon Hilareo Alvarez (Pen. Code, §245).

. Kidnaping of Irene Alvarez (Pen. Code, § 207).

The burglary and robbery were each found to be in the first degree, and defendant was found to have been armed at the time he committed the robbery.

The jury acquitted defendant of two other counts charging attempted murder and assault with intent to murder.

The court sentenced defendant to state prison for each of the four offenses of which he was convicted, the terms to run concurrently.

In case 279170 defendant was, on December 12, 1963, sentenced to state prison for violation of Vehicle Code section 10851. Execution was suspended and defendant was placed on probation for three years. When the court pronounced judgment in case 296636, it also revoked probation in case 279170 and ordered the prison sentence carried into effect.

Defendant filed a notice of appeal from the “judgment” in each case. In ease 279170 the notice is not timely as an appeal from the judgment (Cal. Rules of Court, rule 31(a)) but it may be construed as an appeal from the…