People v. Frank

DRAPEAU, J.

Defendant was charged by information with contributing to the delinquency of a minor (Welf. & Inst. Code, § 702), a misdemeanor. He waived preliminary hearing and pleaded ‘1 guilty as charged in the information as deemed filed.” He also waived time for sentence and applied for probation. Thereafter the court pronounced judgment and sentence as follows: “Defendant is sentenced to the County Jail . . . for the term of one year. Execution of sentence is suspended and Defendant granted probation for a period of five years under the following conditions: Defendant must serve the first nine months of his probationary period in the County Jail with good time allowed, if earned. County Road Camp is recommended. Defendant is not to practice medicine while on probation.”

While defendant in pro. per., appeals from the order granting probation, that order is contained in and made a part of

[741]

the judgment of the trial court imposing sentence; hence it will be assumed that this appeal is from such judgment.

It is here urged that the condition prohibiting appellant from the practice of medicine while on probation is unreasonable and beyond the power of the trial judge to invoke.

Appellant pleaded guilty to the commission of a lewd and lascivious act upon the person of a 10-year-old girl, who at the time was in a plaster cast. The record discloses that appellant was a pediatrician and that two psychiatrists were appointed to examine him in connection with another matter arising out of the instant transaction but which has since been dropped.

Appellant was prosecuted under section 702 of the Welfare and Institutions Code which provides: “The juvenile court shall have original jurisdiction over all misdemeanors defined in this section, and in all prosecutions hereunder, shall cause the defendant to be duly arraigned and plead to the charge made against him in the manner provided in the Penal Code upon an indictment or information. In all cases where the defendant prosecuted under this section enters a plea of guilty, the juvenile court shall have jurisdiction to impose sentence or in its discretion to grant probation upon such terms as it deems proper.”