People v. Jaquish

ASHBURN, J.

Defendant was charged with violation of section 288, Penal Code, the victim being a 13-year-old girl named Carol. He was also charged with two prior felony convictions, one an assault with intent to rape and the other a violation of sections 288 and 288a, Penal Code. Defendant entered pleas of not guilty and not guilty by reason of insanity. After a non jury trial he was found guilty and was held to have been sane at the time of commission of the offense, also at the time of trial. The charges of prior conviction were found to be true. Pursuant to proceedings under sections 5501, et seq., Welfare and Institutions Code, defendant was found to be a probable sexual psychopath and committed to Atascadero State Hospital for observation; ultimately he was held by the court to be a sexual psychopath and a menace to the health and safety of others, not capable of benefiting from further treatment. Probation was denied and appellant sentenced to the state prison for the term prescribed by law. He appeals from the judgment.

Appearing in propria persona appellant submits a brief containing a running argument which seems upon analysis to be directed primarily to an effort to persuade this court to reweigh the evidence, notwithstanding appellant’s concession that “Judge Pierson did not believe that the defendant told the truth.” “This defendant will only bring forth the facts as he knows them, and the testimony of the State’s witnesses to show that they committed perjury and contradictions, and lies, and now with a prayer of truth to the one’s who judge these words to find the facts as they truly are.” Of

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course this court may not weigh the evidence.

(People

v.

Newland,

15 Cal.2d 678, 681 [104 P.2d 778].)

Carol’s testimony clearly shows the commission of the crime charged. It is not inherently improbable (see

People

v.

Huston,

21 Cal.2d 690, 693 [134 P.2d 758]), and it needed no corroboration