Peloquin

This is an appeal from an order denying a motion for a new trial and an attempted appeal from “the judgment.”

In an information filed in Los Angeles on April 3, 1968, Robert Peloquin and Harold Davis were jointly charged with possessing heroin on March 14, 1968. Each defendant pleaded not guilty. It was stipulated that the cause be submitted on the testimony contained in the transcript of the proceedings had at the preliminary hearing, each side reserving the right to offer additional evidence. Each defendant was found guilty as charged, on June 25, 1968. On July 19, 1968, Peloquin made a motion for a new trial and the same was denied. It appeared to the court at that time that Peloquin was addicted or by reason of repeated use of narcotics was in danger of becoming addicted to narcotics. Criminal proceedings were adjourned and a proper petition was ordered to be filed in Department 95 pursuant to the provisions of section ■ 3051 of the Welfare and Institutions Code. It was further ordered that if Peloquin was not accepted the cause would come on for disposition on August 9, 1968. Peloquin filed his notice of appeal on July 19, 1968, from a supposed judgment of conviction and the…