People v. Cordova
Citation | 61 Cal.Rptr. 327,253 Cal.App.2d 434 |
Parties | The PEOPLE of the State of California, Plaintiff and Respondent. v. Florence CORDOVA, Defendant and Appellant. Civ. 11465. |
Decision Date | 10 August 1967 |
Court | California Court of Appeals |
W. Austin Cooper, Sacramento, Court-appointed counsel, for appellant.
Thomas C. Lynch, Atty. Gen., by Raymond M. Momboisse and Frank O. Bell, Jr., Deputy Attys. Gen., Sacramento, for respondent.
Florence Cordova and Roy Logan were jointly tried before a jury and found guilty of a violation of Health and Safety Code section 11500 (possession of heroin). The appeal of defendant Roy Logan from his judgment of conviction was decided by this court in a separate opinion filed on June 28, 1967. In a proceeding under section 3051, Welfare and Institutions Code, Florence Cordova was adjudged a narcotic addict within the meaning of that section and committed to the Director of Corrections for placement in the California Rehabilitation Center for the term prescribed by law. The criminal proceedings were ordered stayed as provided by said section 3051.
Appellant Cordova appeals from the judgment of the trial court, not for the purpose of reviewing the commitment proceedings but seeking a reversal of her judgment of conviction. The People have moved to dismiss the appeal.
Section 1237 of the Penal Code is controlling in this situation:
'An appeal may be taken by the defendant:
In the instant case, after the jury returned its verdict, the criminal proceedings were suspended and the appellant ordered committed to the California Rehabilitation Center. There was no final judgment of conviction. No appeal lies from a jury verdict. (People v. Garrow, 176 Cal.App.2d 269, 270, 1 Cal.Rptr. 271; People v. Hassen, 144 Cal.App.2d 334, 301 P.2d 80.)
Appellant made no motion for a new trial, an avenue open to her which would have allowed appellate review. An order denying a new trial is expressly made appealable 'in cases where the defendant is committed before final judgment for sexual psychopathy, insanity, or narcotics addiction.' (Pen.Code, § 1237, subd. (2); see Witkin Cal.Criminal Procedure, Appeal, § 695, p. 677.)
The judgment committing appellant to the California Rehabilitation Center is not a final judgment of conviction in the criminal proceeding. There being no final judgment of conviction entered, the appeal from such purported judgment must be dismissed. (People v. Haxby, 204 Cal.App.2d 791, 792, 22 Cal.Rptr. 803.)
We are aware of the holding in People v. Juvera, 214 Cal.App.2d 569, 571, 29 Cal.Rptr. 653, where the court found that the defendant had given a proper though poorly worded notice of appeal and construed his notice as an appeal from the judgment of commitment as a narcotic addict, and entertained the appeal as such. Such holding has no application here. In...
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People v. Murphy
...his right to appeal from the order of Civil commitment as yet another vehicle to attack his criminal conviction. (People v. Cordova (1967) 253 Cal.App.2d 434, 61 Cal.Rptr. 327; People v. Le Gerrette (1966) 245 Cal.App.2d 764, 54 Cal.Rptr. 304.) Both in form and in substance, the civil commi......
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People v. Anderson
...judgment but suspended proceedings, there is no final judgment and that purported appeal must be dismissed (People v. Cordova, 253 Cal.App.2d 434, 435, 61 Cal.Rptr. 327; People v. Jones, 36 Cal.2d 373, 375, 224 P.2d 353). The order granting probation, however, is appealable (Pen.Code, § 123......
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People v. Walker
...as the court did not pronounce judgment but suspended proceedings, there is no final appealable judgment. (People v. Cordova (1967) 253 Cal.App.2d 434, 435, 61 Cal.Rptr. 327.) The notice of appeal should be construed to be from the February 10 order granting probation, which is appealable p......