Munger

Upon defendant’s plea of guilty of the crime of robbery as charged in the information, he was brought before the court for sentence. After hearing testimony upon the question of degree of the crime, the court determined that the offense was robbery of the first degree. Thereupon the court pronounced judgment, which judgment was duly entered on the twentieth day of July, 1931. From the judgment thus entered there was no appeal. On the thirtieth day of July, 1931, while the defendant remained in the custody of the sheriff, and before he had been taken to the state prison, defendant was brought before the court with his counsel, the district attorney also being present. The judge thereupon announced that on further reflection he had determined to fix the degree of robbery as second degree, and imposed sentence accordingly. The minutes of this proceeding on July 30th read thus: “Former fixation of crime and sentence are vacated. Crime is now fixed at robbery in the second degree and new sentence is pronounced,” etc. It is from this judgment or order of July 30, 1931, that the plaintiff appeals.

The principal ground of appeal, and the only one which we find it necessary to consider,…