People v. D'Elia

WILSON, J.

Defendant was charged with the crime of assault by means of force likely to produce great bodily injury on the person of one Irwin Kurvink. A jury was waived and appellant was tried by the court. He was found guilty as charged, proceedings were suspended, and the court placed him on probation for three years.

1.

The appeals.

As recited in his notice, appellant appeals from (a) the “court’s judgment of conviction”; (b) the order denying his motion for a new trial; and (c) “the order of the court sentencing the defendant.” The appeals (a) and (c) must be dismissed. There was no judgment of conviction. The court found appellant guilty as charged, which is the equivalent of a verdict of a jury. An appeal from a verdict is unauthorized.

(People

v.

Brock,

21 Cal.App.2d 601, 604 [70 P.2d 210] ;

People

v.

Bratten,

137 Cal.App. 658 [31 P.2d 210].) Appellant was not sentenced and the attempted appeal is from an order that was not made. If it had been made it would not be appealable.

(People

v.

Ray,

13 Cal. App.2d 701, 703 [57 P.2d 975] ;

People

v.

Dunlap,

12 Cal. App.2d 333, 336 [55 P.2d 522].) If by the appeal from the order sentencing him appellant intended to appeal from the order placing him on probation, the appeal is likewise ineffective. An order granting probation is not a judgment

(In re Marquez,

3 Cal.2d 625, 627 [45 P.2d 342] ;

People

v.

Guerrero,

22 Cal.2d 183, 184 [137 P.2d 21] ;