Chavez

An appeal in this matter is pending before this division of this court. Defendant was found guilty of a violation of section 11500 of the Health and Safety Code (possession of heroin) on December 11, 1962. On March 26, 1964, proceedings were suspended and he was placed on probation for five years. No appeal from the order granting probation was taken. On October 28, 1965, a violation of probation was found to exist and probation was revoked. Sentence and judgment were then imposed. The appeal is from the judgment.

The record filed in this court is the limited one provided for by rule 34 of the California Rules of Court for eases where the appeal is taken . . . “by the defendant . . . from any appealable order other than an order on motion for a new trial. ...”

In the trial court defendant requested a record which exceeded in scope even the “normal” record under rule 33. The court denied his request.

A similar request was denied by this court, without prejudice to renewal by appointed counsel. Concurrently we appointed Jerry Coons, Esq., as counsel for defendant. A motion for an additional record filed by Mr. Coons was also denied, again without prejudice. Our order denying the…