People v. Mason, Cr. 4679
| Decision Date | 31 January 1952 |
| Docket Number | Cr. 4679 |
| Parties | PEOPLE v. MASON. |
| Court | California Court of Appeals Court of Appeals |
Al Matthews and Robert P. Dockeray, Los Angeles, for appellant.
Edmund G. Brown, Atty. Gen., and Elizabeth Miller, Deputy Atty. Gen., for respondent.
Defendant was charged by information with the crime of issuing a check without sufficient funds, and with two prior felony convictions. The information was filed July 20, 1950. After defendant was arraigned, there were a number of continuances. The court's minutes recite that one of these continuances was granted for the purpose of instituting civil intemperance proceedings against defendant; and that thereafter there was filed a certified copy of a judgment and order of another department of the Superior Court, committing defendant to the Department of Mental Hygiene; whereupon this cause was ordered off calendar. That order was made August 18, 1950.
Defendant was sent to Patton State Hospital, pursuant to the inebriacy commitment. Then in a few weeks he was released from the Hospital and placed under supervision of the Bureau of Social Work in Los Angeles. While so at large he was apparehended and returned to the Superior Court for further proceedings under the information.
On November 30, 1950 he appeared, with his counsel, and time to plead to the information was set for December 6, 1950. At the time set he pleaded guilty, admitted the prior convictions, and applied for probation. After hearing, his application for probation was denied, and he was sentenced to the state prison for the term prescribed by law. This sentence was made to run concurrently with the sentence from which he was then on parole.
After the judgment, defendant's counsel moved the court for an order reconsidering defendant's application for probation; also for an order placing defendant in the custody of the Department of Mental Hygiene, rather than the Director of Corrections.
Defendant appeals from the orders denying both motions. He states, 'The question therefore is this: Did Department 41 have jurisdiction to consider the original charge and sentence appellant under that charge while the order of commitment made by Department 54 was unrevoked and in full force and effect?'
The first ground of appeal may be summarily disposed of. As there can be no appeal from an order denying probation, People v. Bartley, 12 Cal.App. 773, 108 P. 868; People v. Felix, 58 Cal.App.2d 646, 137 P.2d 472; People v. D'Elia, 73 Cal.App.2d 764, 167 P.2d 253; People v. Woods, 108 Cal.App.2d 50, 238 P.2d 124, neither can there be an appeal from an order denying a motion to reconsider such an order. People v. Erickson, 74 Cal.App.2d 339, 168 P.2d 417.
Defendant argues that his motion to change custody from the Director of Corrections to the Department of Mental Hygiene was proper under Section 1493 of the Penal Code. This section has to do with proceedings involving the Writ of Habeas Corpus, and is not applicable to this case. In re Wilson, 196 Cal. 515, 238 P. 359.
In any event, there is nothing in the law of California which forbids pronouncement of judgment in a criminal case just because a defendant has theretofore been adjudged an...
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People v. Winston
...also attempts to appeal from an order denying probation, but since such an appeal is not authorized, Pen.Code, § 1237; People v. Mason, 109 Cal.App.2d 87, 89, 240 P.2d 64, it will be As grounds for reversal, defendant argues these points: (1) Lack of proof of the corpus delicti on counts on......
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People v. Winston
...1237, Penal Code, the section providing for appeals, provides only for an appeal from an order granting probation. See People v. Mason, 109 Cal.App.2d 87, 89, 240 P.2d 64, holding that there is no appeal from an order denying probation.2 The first count charged defendant with furnishing mar......
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In re V.E., No. H034936 (Cal. App. 5/28/2010)
...p. 471; see also, e.g., Slevats v. Feustal (1963) 213 Cal.App.2d 113, 117; In re Syson (1960) 184 Cal.App.2d 111, 117; People v. Mason (1952) 109 Cal.App.2d 87, 89-90.) "Confusion would result from conflicting adjudications upon the same subject matter by different departments of the same c......
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People v. Jackson
...appeal lies from an order denying probation or from an order denying a motion to rehear an application for probation. (People v. Mason, 109 Cal.App.2d 87, 89, 240 P.2d 64; People v. Ross, 206 Cal.App.2d 542, 543, 24 Cal.Rptr. 1; People v. Erickson, 74 Cal.App.2d 339, 340, 168 P.2d 417.) Def......