Delles

Defendant filed a notice of appeal "from a *908 judgment [of the Superior Court of the City and County of San Francisco] . . . committing the defendant to the State Prison for the term prescribed by law or, in the alternative, from the revocation of probation . . . committing the defendant to the State Prison for the term prescribed by law. ”

On April 10, 1967, defendant pleaded guilty to a charge of possession of marijuana in violation of Health and Safety Code, section 11530. This plea was entered pursuant to an agreement with the court that in return for such a plea he would receive probation on condition that he serve four months in the county jail. On motion of the district attorney two charges of prior nonnarcotie felony convictions were dismissed.

On April 28 defendant was arrested for allegedly selling marijuana to a state undercover agent on that date. On May 1, the date which had been set for a hearing on defendant’s motion for probation, the trial judge granted the motion in accordance with the plea bargain, the term of probation being fixed at two years. Upon request of defendant, execution of the four-month jail sentence imposed as a condition of probation was…