In Re Morehead

California Court of Appeal Nov 7, 1951 No. Crim. 4734Published

Before: Moore

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Holding. The superior court has the authority to fix bail for a defendant certified to it under the Sexual Psychopath Act, and the court did not abuse its discretion in setting bail at $7,500 given the petitioner's extensive criminal history. Furthermore, the superior court maintains jurisdiction to proceed with sexual psychopath hearings immediately upon a verdict of guilt, regardless of a pending appeal.

Issues

Does the superior court have the authority to fix bail for a person certified to it under the Sexual Psychopath Act?
Is bail of $7,500 excessive for a defendant convicted of misdemeanors who is undergoing sexual psychopath proceedings?
Does the superior court have jurisdiction to proceed with sexual psychopath hearings while an appeal of the underlying criminal conviction is pending?

Disposition. remanded

Quotations verified verbatim against the opinion

“From an examination of the sexual psychopath laws and the Penal Code provisions concerning bail, the conclusion is unavoidable that such power does exist.”

“The fixing of the amount of bail is largely within the discretion of the trial court and the appellate courts will not interfere unless an abuse of this discretion is manifest.”

“The meaning of the term “convicted” is definitely fixed. It does not necessarily mean a final determination of guilt after an appeal has been taken.”

[348]

MOORE, P. J.

Petitioner was convicted in the municipal court on seven counts of misdemeanor; three counts of indecent exposure (Pen. Code, § 311(1); three of child molestation (Pen. Code, § 647a(l); and one count of lewd and dissolute conduct (Pen. Code, § 647.5). His motions for a new trial were denied. The court thereupon suspended further proceedings and certified the matter to the superior court for proceedings under the Sexual Psychopath Act (Welf. & Inst. Code, § 5501 et seq.). Petitioner having appealed from such misdemeanor convictions, he was permitted to go at large on posting bail in the sum of $500. His appeal is now pending. When he appeared in the superior court, two psychiatrists were appointed to examine him, a hearing was set for October 29 and his bail was increased to $7,500. Having been remanded to the custody of the sheriff, the prisoner upon insti- . tuting this proceeding for a writ of habeas corpus was released on bail in the sum of $1,000 pending a hearing upon the writ. He demands his release from custody on the ground that the superior court had no authority to increase bail as previously fixed by the municipal court, and if such authority does exist, $7,500 bail is excessive and contrary to constitutional inhibitions.

This court recently determined that as a matter of right a person is entitled to be released on bail pending a determination of whether or not he is a sexual psychopath.

(In re Keddy,

105 Cal.App.2d 215, 218 [233 P.2d 159].) The question now to be answered is whether the superior court has the authority to fix such bail.

From an examination of the sexual psychopath laws and the Penal Code provisions concerning bail, the conclusion is unavoidable that such power does exist. Although the Sexual Psychopath Act has no provision with reference to bail it does set forth a definite procedure for the disposition of a person accused of being a sexual psychopath. When a 'municipal court has, from evidence adduced upon the trial of a misdemeanor, concluded that there is probable cause for believing the defendant to be a sexual psychopath, it adjourns further proceedings and certifies the prisoner to the superior court. For the present, its powers to proceed further are exhausted. The defendant then stands before the superior court for examination and hearing. Only upon a determination by the superior court that the accused is not a sexual psychopath or has recovered from his sexual psychopathy

In Re Morehead

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MOORE, P. J.

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