Donovan

Defendant was charged with possession of heroin, in violation of section 11500 of the Health and Safety Code; one prior felony conviction was also alleged. He pled not guilty and denied the prior. After a jury trial, he was found guilty and the prior was found to be true. On October 25, 1967, motion for a new trial was made and denied; criminal *923 proceedings were suspended and proceedings were instituted under the Narcotics Rehabilitation Act, resulting in his commitment to the California Rehabilitation Center under that statute. So far as the record discloses, that order is still in effect and the criminal proceedings are still suspended.

On October 25, 1967, defendant filed an appeal “from (1) the judgment rendered against him and (2) the order denying his motion for a new 1 trial made on October 25, 1967, . . .” We dismiss the appeal from the nonexistent judgment; we affirm the order denying a new trial.

Since criminal proceedings were suspended prior to the imposition of sentence, and have not been resumed, there is no judgment from which to appeal; the purported appeal “from the judgment” must be dismissed.

At the date herein involved, an appeal did he from…