Wilson

Following a jury verdict finding defendant guilty of burglary in the first degree in violation of section 459 of the Penal Code, he was sentenced to be imprisoned in the state prison for the term prescribed by law. Execution of sentence was suspended and he was placed on probation for a period of four years upon terms and conditions which included serving a term of one year in the county jail. Defendant has appealed from the final judgment of conviction, from the sentence imposed, and from an order denying a motion for a new trial. Although the propriety of the order denying a motion for a new trial may be reviewed on the appeal from the judgment, no appeal lies from it as such, so the purported appeal from that order must be dismissed. (Pen. Code, § 1237.) The appeal from the sentence is merged in that from the judgment. (Id., and see People v. Sweeney (1960) 55 Cal.2d 27, 33 [ 9 Cal.Rptr. 793 , 357 P.2d 1049 ].)

Defendant contends that the trial court erred in admitting testimony of “conversations” had with the defendant. Because there is only one statement of the defendant involved, the question is more properly framed as whether or not the trial court was justified in…