Collom

Defendants were charged with burglary, in violation of section 459 of the Penal Code; sundry prior convictions were alleged against each defendant. Defendants pled not guilty and denied the priors. A trial by jury resulted in a mistrial. On the second trial, both defendants w'ere found guilty, the verdicts fixing the degree as second degree. The priors were found to be true. 1 Motions for a new trial were made and denied; the criminal proceedings were suspended and the institution of proceedings under the Narcotic Rehabilitation Act was ordered. Those proceedings resulted in the commitment of each defendant to the California Rehabilitation Center. Each defendant filed a notice of appeal from “the judgment of conviction and the denial of the motion for a new trial.” 2 We affirm.

*928 I

The briefs discuss the question of the existence of a valid appeal. Since the criminal proceedings were suspended and the record does not disclose any further judgment in the criminal case, it follows that there was no “judgment of conviction” from which to appeal; that portion of the. appeal must be dismissed. The order suspending the criminal proceedings and directing the institution of…