Newton

Defendant was charged, in three counts, with (count I) burglary in violation of section 459 of the Penal Code, (count II) rape in violation of subdivision (3) of section 261 of the Penal Code, and (count III) robbery in violation of section 211 of the Penal Code. He pled not guilty; after a jury trial, he was found guilty on all three counts, the jury fixing the degree of burglary as first degree. The trial court found that a deadly weapon was used in the commission of each of the offenses, that defendant was personally armed with a deadly weapon in the perpetration of each offense and that defendant had used the deadly weapon on the person of the victim in each instance.

A motion for new trial was denied; probation was denied. Defendant was sentenced to state prison on each count, the sentences of counts II and III being stayed in order to comply with the requirements of section 654 of the Penal Code. His propria persona, notice of appeal purports to appeal from the verdict, from the order denying the motion for new trial as well as from the judgment. The first two matters are not appealable and those portions of the appeal must be dismissed.

All three offenses were allegedly…