Sanders

This matter comes before us upon a suggestion of diminution of record made by the appellant. The situation presented is this: the appellant was convicted of a felony. He was ■ granted probation before being sentenced. Later, upon motion of the probation officer, and after a hearing before the trial judge, the probation was revoked and the defendant was then sentenced to be confined in the state penitentiary at San Quentin. Oral notice of appeal from the order revoking probation was given in open court and, later, and within the time allowed 'by law, written notice was given of an appeal from the final judg ment of conviction and from the order revoking probation. The grounds of appeal stated in this written notice were as follows: “1. Errors of the court in admitting in evidence testimony on the hearing of motion to revoke probation; 2. Proceedings on motion to revoke probation were unfounded in matter of law for the reason the defendant had no notice served upon him of the hearing thereof; 3. Probation was revoked in an extrajudicial proceeding not authorized by law, and was based upon hearsay testimony which was objected to at the hearing.” The appellant then asked for a…