What is the effect of the Court of Appeal's notice of appeal stating that the appeal is from the judgment and sentence?

California, United States of America

The following excerpt is from People v. Howard, 173 Cal.App.2d 787, 345 P.2d 41 (Cal. App. 1959):

As above stated the notice of appeal states that the appeal is from the sentence. Appellant's brief states that the appeal is from the judgment (and the order denying the motion for a new trial). It will be assumed that the appeal is from the judgment and sentence. Affirmance of the judgment carries with it affirmance of the sentence. People v. Perkins, 147 Cal.App.2d 793, 798, 305 P.2d 932.

The judgment is affirmed.

SHINN, P. J., and VALLEE, J., concur.

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