People v. Thompson

California Court of Appeal Feb 7, 1951 No. Crim. 4545Published

Before: Shinn

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Holding. The court held that the statutory requirements for certifying a sexual psychopath's status under Welfare and Institutions Code sections 5517 and 5518 are mandatory and jurisdictional, requiring a formal report, diagnosis, and recommendation signed by the hospital superintendent and the Director of Mental Hygiene. Because the informal correspondence used to return the defendant failed to meet these strict procedural requirements, the judgment was reversed.

Issues

Whether the exchange of letters between the hospital superintendent and the trial judge satisfied the mandatory certification requirements of Welfare and Institutions Code sections 5517 and 5518.
Whether the defendant waived his right to challenge procedural irregularities by failing to register a specific objection or by applying for probation.

Disposition. reversed

Quotations verified verbatim against the opinion

“We are of the opinion that the provisions of section 5517 should be strictly complied with.”

“It is clearly the intent of the Legislature that the court is required to have such a report as evidence before final action is taken.”

“The judgment is reversed for further proceedings in accordance with the views herein expressed.”

SHINN, P. J.

Defendant, Edward M. Thompson, appeals from judgment of conviction of violation of section 288, Penal Code.

Defendant was charged, in two counts, of violations of section 288 of the Penal Code, upon the persons of two sisters, female children aged 7 years [twins]. He pleaded guilty to count I and count II was subsequently ordered off calendar. At approximately the same time the plea of guilty was entered, he filed his affidavit of sexual psychopathy under the provision of section 5501 of the Welfare and Institutions Code. He was thereafter adjudged a sexual psychopath and a menace to the health and safety of others and committed to the State Hospital at Patton for an indeterminate period. Defendant was returned to the trial court, pursuant to a minute order of March 27, 1950, and judgment and sentence to state prison were pronounced on June 15, 1950, when his application for probation was denied.

This appeal involves the construction of sections 5517 and 5518, Welfare and Institutions Code, which have apparently not been before an appellate court prior to this time. Section 5517, as amended in 1949, reads as follows: “Whenever a person who is committed for an indeterminate period to the department for placement in a state hospital as a sexual psychopath (a) has recovered from his sexual psychopathy to such an extent that in the opinion of the superintendent the person is no longer' a menace to the health and safety of others, or (b) has been treated to such an extent that in the opinion of the superintendent the person will not benefit by further care

[185]

and treatment in the hospital and is not a menace to the health and safety of others, or (c) has not recovered from his sexual psychopathy, and in the opinion of the superintendent the person is still a menace to the health and safety of others, the superintendent of the hospital and the Director of Mental Hygiene shall certify to the committing court their opinion under (a), (b) or (c), as the case may be, including therein a report, diagnosis and recommendation concerning the person’s future care, supervision or treatment. If the opinion so certified is under (a) or (b), the person shall be returned to the court to await the further action of the court with reference to the criminal charge against him. The court shall resume the proceedings, upon the return of the person to the court, and after considering all the evidence before it may place the person on probation for a period of not less than five years if the criminal charge permits such probation and the person is otherwise eligible for probation.”

People v. Thompson

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SHINN, P. J.

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