Motion by respondent, renewed upon argument of the appeal, to dismiss appeal granted and appeal dismissed, as moot, it appearing that defendant, having been resentenced on April 15, 1965, is no longer imprisoned by virtue of the judgment dated September 13, 1960.
However, we have considered the merits of defendant's appeal from said order, dated January 21, 1964, and we would have affirmed, if the appeal were...
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