Ihm

Defendant appeals from a judgment of conviction of violation of section 11500, Health and Safety Code. He was charged in one count of an indictment, which also charged a codefendant, Steven Harry Muns, with sales of narcotics and possessing heroin. In his separate trial, a jury found defendant Ihm guilty as charged. The court denied his motion for a new trial and sentenced him to prison for the term prescribed by law. The reporter’s transcript states that the court sentenced defendant “for the offense of which he stands convicted.” However, the judgment as entered in the minutes and the abstract thereof state that he was found guilty of “Possession Of Marijuana, Section 11500 of the Health and Safety Code.”

Defendant filed an untimely notice of appeal to which this court granted relief under rule 31(a). The notice of appeal does not specify what defendant is appealing from. In defendant’s opening brief he states that this is an appeal from the judgment, the conviction and the order denying his motion for new trial. The order denying the motion for new trial is not appealable. (Pen. Code, § 1237.) The judgment and conviction are merged as a single basis of appeal.

The…