Sweeting

This is a purported appeal from a judgment and an appeal from an order denying a motion for a new trial.

In an information filed in Los Angeles on August 31, 1966, defendant was charged with grand theft in that on July 19, 1966, he feloniously took property of a value in excess of $200 from another. Defendant pleaded not guilty. It was stipulated that the cause be submitted upon the transcript of the testimony taken at the preliminary hearing. Defendant was found guilty as charged. A motion for a new trial was denied. It was made to appear to the court that defendant was addicted to the use of narcotics or in imminent danger of becoming addicted to narcotics and criminal proceedings were adjourned. It was ordered by the judge that an appropriate petition be filed in Department 95 pursuant to the provisions of section 3051, Welfare and Institutions Code. No application for probation was made as his counsel stated it ‘ ‘ [w] ould just be a waste.” Defendant had been “committed by two other Courts already” (to C.R.C.) and counsel for defendant anticipated that the judge in this ease “would probably do the same thing.”

A notice of appeal from the “judgment of conviction,” and the…