Rameriz

The appellant pleaded guilty to the crime of burglary. Judgment was pronounced on July 21, 1930, the court finding the crime to be burglary in the first degree. It now appears that no evidence as to the degree of the crime was taken by the court and that, in fact, the crime committed was burglary in the second degree.

On October 28, 1933, the appellant, who was then confined in the state penitentiary and who was not represented by counsel, filed a written motion to vacate the judgment pronounced on July 21, 1930, and at the same time filed a supporting brief, a motion asking that he be brought into court at the time of the hearing on his motion to vacate the judgment, and a notice of appeal and a request for a transcript. The notice of appeal contained a statement that it was to be entered only in the event the court denied his motion. The court denied these motions and thereafter entered an order which, after reciting that the motion to vacate the judgment had been denied, that the motion to bring the defendant into court for the purpose of entering an amended judgment and sentence had been denied, and that the defendant had filed a written notice of appeal with a request for a…