Howard

Appeal from the judgment of conviction on three counts of grand theft, based upon obtaining money by deceit and false pretenses, and from the order revoking probation.

Reversal is sought on the ground that appellant was not advised of his right to counsel and to remain silent prior to the making of admissions which were introduced into evidence at his trial.

Appellant was charged by information and pleaded not guilty to three counts of grand theft in violation of Penal Code, section 487. He was tried before a jury which, on January 12, 1959, returned a verdict of guilty on all three counts. On March 3, 1959, appellant was arraigned for pronounce ment of judgment, which was then withheld, and he was granted probation for a period of six years. No appeal from this order was taken. On December 5, 1961, his probation was revoked but he apparently could not be apprehended. On September 24, he was returned to court and sentenced on all three counts. On the same day he filed notice of appeal “from the judgment and order ■. . . entered on September 24, 1964. ...”

By letter dated September 29, 1964, appellant was notified by the clerk of the trial court that the judgment had been…