Block
People v. Block
Opinion
Lead Opinion
Works, J.
In Criminal No. 2377, above entitled, defendant appeals from an order denying an application for probation, from an order denying his motion for leave to change his plea and from an order denying his motion for a continuance. In his opening brief appellant concedes that “as these orders were made before judgment and no appeal was taken from the judgment, we do not believe that they are appealable”. This concession is properly made (Pen. Code, sec. 1237). Notwithstanding this situation, considerable portions of appellant’s briefs apply only to the appeals above mentioned, and these parts of the briefs will naturally be disregarded. These appeals must be dismissed.
In Criminal No. 2384 defendant appeals, in the same case from which Criminal No. 2377 arises, from an order made after judgment and denying his application for the writ of error Coram nobis. This application was made in the form of a petition, accompanied by affidavits of appellant and of his former counsel, which affidavits contain substantially the same matters alleged in the petition. These matters consist of averments to the effect that a deputy district attorney and an investigator in the district attorney’s office…