McDonough

The defendant, Wesley Omega McDonough, pleaded guilty to all three counts in the information besides admitting a prior kidnaping conviction. The first count charged kidnaping; the second count a sexual offense (fellatio) against the minor victim of the kidnaping; and the third count possession of a concealed weapon, after previous conviction of a felony.

According to the record, the defendant appeals,

“. . . from the order of the Court denying defendant’s motion for permission to withdraw his plea of guilty and to enter a plea of not guilty by reason of insanity; and further from the Court’s order sentencing defendant to state’s prison instead of recommitting defendant to a state hospital for further treatment.”

No appeal lies from an order denying a defendant permission to withdraw his plea and enter another plea. (People v. Ottenstror, 127 Cal.App.2d 104, 111 [ 273 P.2d 289 ]; People v. Broady, 120 Cal.App.2d 901, 902 [ 262 P.2d 669 ] ; People v. Morgan, 9 Cal.App.2d 612, 617 [ 50 P.2d 1061 ] ; People v. Phillips, 66 Cal.App.2d 837, 838 [ 153 P.2d 807 ].) However, if an appeal from the judgment of conviction has been properly taken, the alleged error in refusing to grant the…