Opinion
Docket No. 2355.
April 1, 1933.
MOTION to dismiss an appeal from an order of the Superior Court of Los Angeles County denying a motion to change a plea. Ruben S. Schmidt, Judge. Motion granted and appeal dismissed.
The facts are stated in the opinion of the court.
Harold D. Kraft for Appellant.
U.S. Webb. Attorney-General, and Bayard Rhone for Respondent.
THE COURT.
On motion for dismissal of appeal. [1] It appearing that the order denying defendant's motion to change his plea from guilty to not guilty is a nonappealable order:
Now, therefore, on motion of the attorney-general, the purported appeal from said order is dismissed. (Pen. Code, sec. 1237; People v. Dabner, 153 Cal. 398 [ 95 P. 880]; People v. Patello, 125 Cal.App. 480 [ 13 P.2d 1068].)