People v. Gross

GIBSON, C. J.

The People have moved to dismiss defendant’s appeal from an order denying his motion to correct and amend a clerk’s transcript.

Defendant was adjudged a sexual psychopath in 1948 in proceedings brought under section 5500 et seq. of the Welfare and Institutions Code. He applied to the superior court for redetermination of his condition pursuant to section 5519, and on December 15, 1952, in accord with the reports of medical experts, the court found that he was still a sexual psychopath and ordered him to be returned to a state mental hospital.

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Defendant appealed from that order, and his appeal is still pending in the District Court of Appeal. We ordered transcripts to be furnished at public expense for use on that appeal.

(Gross

v.

Superior Court,

42 Cal.2d 816 [270 P.2d 1025].) After a record was prepared, defendant made a motion in the trial court to correct and amend the transcript by striking out certain statements and substituting others. The present appeal is from an order denying that motion.

The principal question is whether an appeal lies from the order refusing to correct and amend the transcript. Sexual psychopathy proceedings are not criminal actions but special proceedings of a civil nature. An original order of commitment as a sexual psychopath is appealable as a final judgment in a special proceeding under section 963 of the Code of Civil Procedure, and subsequent orders redetermining his condition made under section 5519 are appeal-able under subdivision 2 of section 963 as special orders after final judgment.

(Gross

v.

Superior Court,

42 Cal.2d 816, 820-821 [270 P.2d 1025]; see

People

v.

Bachman,

130 Cal.App.2d 445, 447-448 [279 P.2d 7].) However, an order after final judgment is not apealable unless it affects

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