Glass
People v. Glass
Opinion
Lead Opinion
Roth, J.
Appellant has ified an appeal from an order reinstating her probation after a dismissal of her appeal *452 from the original judgment of conviction. We hold that the order is nonappealable and dismiss the appeal.
In July 1964 appellant was convicted of abortion (Pen. Code, § 274). Proceedings were suspended and an order granting probation was made August 12, 1964, upon conditions, two of which were incarceration the first six months in county jail and payment of a $500 fine plus penalty assessments.
Appellant appealed in pro. per. from said order. 1 Pending the appeal appellant was granted bail and obtained a stay of execution. The appeal was dismissed for failure to file an opening brief. On May 4, 1965, the remittitur was returned to the superior court.
On May 27, 1965, a supplementary probation report was ordered. On June 23, 1965, appellant was again arraigned for judgment. Appellant moved for a modification of the terms of her probation. The motion was denied. The judge stated: “. . . a probation officer makes a recommendation 10 months ago, and then nothing very momentous has happened. Since that time an appeal is taken, and then the probation officer says ‘Well, now, to…