In Re Jones

Opinion

THE COURT,

*

Robert Green Jones petitions for writ of habeas corpus. He was found in contempt of court and sentenced to jail. This court ordered him released from jail on his own recognizance after serving nine days and issued an order to show cause.

On January 29, 1975, the San Diego County Superior Court found Jones in contempt of court for failing to obey, for four months, a court order he support his child. The court minutes state: “Respondent found guilty of 4 counts of comtept [¿Vc], Sentenced to 20 days custody 5 days each count consecutive. . . . Court finds Resp. “A” (letter) marked for I D, rec’d in evidence.....” That same day the court signed an “Order Remanding to Sheriff” which stated: “Respondent sentenced to five days custody on each of four counts, for a total of 20 days custody. Sentence on four counts to be served consecutively. Commitment order to follow.” Jones went to jail. The court signed an “Order and Commitment for Contempt (Punitive)” February 6-, after his petition for a writ of habeas

[881]

corpus in the superior court had been denied and after his petition for a writ had been filed in this court.

A valid judgment of contempt must meet strict requirements and must show facts essential to establish jurisdiction for the making of the order, the defendant’s knowledge of the order, his ability to comply, and his willful disobedience

(In re Hinman,

239 Cal.App.2d 845, 850 [49 Cal.Rptr. 162]). Neither the order to the sheriff nor the court minutes quoted above are sufficient. Neither is an order which specifies the offense with particularity as required by Code of Civil Procedure section 1218

(In re Mancini,

215 Cal.App.2d 57, 59 [29 Cal.Rptr. 798]).

1

The question is whether the order made eight days after defendant was committed is proper. We find it unnecessary to judge the contents of the order.