People v. Yarter

WHITE, P. J.

In an amended information filed November 12, 1953, by the district attorney of Los Angeles County, appellant and three others were charged in Count I with the crime of abortion and in Count II with the crime of conspiracy to commit abortion. Appellant pleaded not guilty to the offense charged in Count I, and guilty to the crime (conspiracy to commit abortion) charged in Count II. As to said last-named count, it was ordered that proceedings be suspended. Appellant was granted probation. The conditions of probation were that appellant “serve one year in the County Jail, with good time allowed if

earned;

that he have no further abortion activities; that he not associate with the co-defendants and that he obey all orders of the court and all rules of the probation department.” Count I of the amended information was dismissed. Appellant served the required period of confinement in the county jail as fixed by the terms of his probation. Following his release he was charged with the crime of murder growing out of an attempt to produce an abortion. He was convicted thereof and sentenced to state prison. From this judgment of conviction and the order denying his motion for a new trial, appellant appealed. This court has this day affirmed the judgment and order appealed from

(People

v.

Brenon, ante,

p. 795 [292 P.2d 645]).

On the same date sentence was imposed in the last-named case, a hearing was had on appellant’s alleged violation of probation in the case first above mentioned. Following such hearing probation was revoked. The court pronounced judgment and appellant was sentenced to state prison. From the judgment and the order revoking probation appellant prosecutes this appeal.

[805]

Since the order revoking probation was made prior to entry of judgment, it is nonappealable and the appeal was properly taken only from the judgment

(People

v.

Robinson,