Glaser

People v. Glaser

Caution
1965 Cal. App. LEXIS 1203·238 Cal. App. 2d 819·48 Cal. Rptr. 427
Court of Appeal of CaliforniaDecember 20, 1965Crim. 4883California6,684 words

Opinion

Opinion

Sims, J.

J.Defendant has appealed “from the judgment . . . entered ... on the 16th day of October, 1964, and from the whole of said judgment.” On that day the court revoked probation granted to the defendant April 17, 1964, following his conviction, on March 27, 1964, by verdict of a jury, of possession of marijuana in violation of section 11530 of the Health and Safety Code. Imposition of sentence had been suspended in the order granting probation, and upon revocation of probation he was arraigned for judgment with counsel and sentenced to state prison for the term provided by law.

Scope of the Appeal

Defendant, except insofar as he questions the constitu tionality of the statute he allegedly violated, does not attack the proceedings attendant to the revocation of his probation and his subsequent sentencing. He seeks to raise errors which allegedly occurred at the trial resulting in his conviction. Any review of the matters giving rise to his conviction and the ensuing order granting him probation is limited by his failure to perfect a timely appeal therefrom. (Pen. Code, § 1237, subd. 1; Cal. Rules of Court, rule 31a; People v. Wilkins (1959) 169 Cal.App.2d 27, 32-34 [ 386 P.2d 540 ];…

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