Noone

The defendant was charged by an information filed by the district attorney of San Diego County with having committed the offense denounced by section 288a of the Penal Code. Upon being arraigned he entered a plea of not guilty and was tried before a jury, which returned a verdict of conviction. He thereupon presented a motion for new trial and at the same time made application for probation. His motion for a new trial was denied and the application for probation was granted upon conditions that- were stated in the order of probation. From the order fixing the terms of probation and from the order o£ the court denying his motion for new trial the defendant prosecutes this appeal.

It may be observed at the outset that the defendant's appeal from the order granting his application for probation and imposing certain conditions in connection therewith is without merit. By making application for probation he waived pronouncement of judgment (People v. De Voe, 123 Cal. App. 233 [ 11 Pac. (2d) 26 ]). Section 1237 of the Penal Code permits an appeal by a defendant “from a final judgment of conviction; . . . from any order made after judgment, affecting the substantial rights of the…