People v. Cordova

California Court of Appeal Aug 10, 1967 No. Civ. 11465Published

Before: Regan

AI Brief

AI-generated · verify before citing

Holding. The court held that an appeal from a purported judgment of conviction must be dismissed when no final judgment of conviction has been entered because criminal proceedings were suspended following a commitment for narcotics addiction.

Issues

Whether an appeal lies from a jury verdict where criminal proceedings were suspended and the defendant was committed for narcotics addiction.
Whether a judgment committing a defendant to the California Rehabilitation Center constitutes a final judgment of conviction for purposes of appeal.

Disposition. dismissed

Quotations verified verbatim against the opinion

“There was no final judgment of conviction. No appeal lies from a jury verdict.”

“The judgment committing appellant to the California Rehabilitation Center is not a final judgment of conviction in the criminal proceeding.”

“The appeal from the purported judgment of conviction is dismissed without prejudice.”

REGAN, J.

Florence Cordova and Roy Logan were jointly tried before a jury and found guilty of a violation of Health and Safety Code section 11500 (possession of heroin). The appeal of defendant Roy Logan from his judgment of conviction was decided by this court in a separate opinion filed on June 28, 1967. In a proceeding under section 3051, Welfare and Institutions Code, Florence Cordova was adjudged a narcotic addict within the meaning of that section and committed to the Director of Corrections for placement in the California Rehabilitation Center for the term prescribed by law. The criminal proceedings were ordered stayed as provided by said section 3051.

Appellant Cordova appeals from the judgment of the trial

[435]

court, not for the purpose of reviewing the commitment proceedings but seeking a reversal of her judgment of conviction. The People have moved to dismiss the appeal.

Section 1237 of the Penal Code is controlling in this situation :

"An appeal may be taken by the defendant:

‘ ‘ 1. Prom a final judgment of conviction except as provided in Section

1237.5;

a sentence or an order granting probation shall be deemed to be a final judgment within the meaning of this section; upon appeal from a final judgment the court may review any order denying a motion for a new trial, except when an appeal from an order denying a motion for a new trial has previously been finally determined in cases where the defendant has been committed for sexual psychopathy, insanity, or narcotics addiction.

“2. Prom an order denying a motion for a new trial, in cases where the defendant is committed before final judgment for sexual psychopathy, insanity, or narcotics addiction. Such an appeal shall be dismissed if while it is pending an appeal is taken under subdivision 1.

“3. Prom any order made after judgment, affecting the substantial rights of the party. ’ ’

In the instant case, after the jury returned its verdict, the criminal proceedings were suspended and the appellant ordered committed to the California Rehabilitation Center. There was no final judgment of conviction. No appeal lies from a jury verdict.

People v. Cordova

AI Brief

REGAN, J.

More from California Court of Appeal

Related research

AI Brief