Ruiz

On September 20, 1960, an information was filed in which the appellant Ruiz was accused of the possession of heroin in violation of section 11500 of the Health and Safety Code. At the time of his arraignment and at the time of his trial he was represented by counsel. A trial by jury was waived. Pursuant to stipulation the matter was submitted on the testimony contained in the transcript of the proceedings had at the preliminary hearing, the right being reserved to each party to offer additional evidence. The People called Officer Virgin for further testimony. The appellant did not testify. His codefendant Gerald Bruner was acquitted but Ruiz was found to be guilty as charged. The appellant was sentenced to the state prison. He thereafter filed a document in the superior court entitled “Appeal of Conviction” which we deem to be a notice of appeal from the judgment. (See Smith v. Ostly, 53 Cal.2d 262, 264-265 [ 1 Cal.Rptr. 340 , 347 P.2d 684 ]; People v. Robinson, 43 Cal.2d 143, 145 [ 271 P.2d *698 872 ]; People v. Mike, 163 Cal.App.2d 466, 467 [ 329 P.2d 519 ].)

The appellant did not request that counsel be appointed to represent him on this appeal except that he did ask that this…