Meyer

Defendant, a licensed physician, was indicted and convicted on 22 counts, each charging a narcotic offense. He was sentenced on counts 1, 4, 5, 8, 9, 12, 13, 16, 17, 18, 20 and 22, the sentences to run concurrently. The other 10 counts were dismissed by the court on its own motion, in compliance with the preclusion of double punishment for the same act. (Pen. Code, § 654.)

Defendant has appealed from the judgment and from the order denying his motion for a new trial. The latter is no longer appealable except in certain circumstances not present here (Pen. Code, § 1237, subd. 2; People v. Britton, 205 Cal.App.2d 561, 562 [ 22 Cal.Rptr. 921 ]), but we may review it on the appeal from the judgment (People v. Lessard, 58 Cal.2d 447, 450 [ 25 Cal.Rptr. 78 , 375 P.2d 46 ]).

The counts in the indictment relate to 10 prescriptions written by defendant, as to each of which he is charged in separate counts with a violation of section 11170, subdivision(2) and a violation of section 11170.5 of the Health and Safety Code. The additional two counts (17 and 20) each charges a violation of section 11500 of the Health and Safety Code. Number 17 relates to the same incident upon which counts 15…