People v. Gross

California Court of Appeal Jan 26, 1953 No. Crim. 4897Published

Before: Drapeau

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Holding. The court dismissed the defendant's appeals from interlocutory orders, holding that such orders are not appealable and that the final judgment in the sexual psychopathy proceedings was the December 15, 1952, commitment order.

Issues

Should the attorney general’s motion to dismiss the defendant’s appeal from the order of July 23, 1952, be granted?
Are the orders of July 23, 1952, and November 17, 1952, appealable?

Disposition. dismissed

Quotations verified verbatim against the opinion

“The appeals from the orders of July 23,1952, and November 17, 1952, are dismissed.”

“The law does not permit appeals from interlocutory orders.”

“The order of December 15, 1952 was the final judgment in this case. The order of November 17th was interlocutory and not final.”

DRAPEAU, J.

In 1948 Walter Franklyn Gross pleaded guilty to violation of section 288 of our Penal Code. He admitted criminal misconduct upon a 9-year-old boy. He also admitted prior felony convictions, for which he served prison terms: burglary, sodomy, and lewd and lascivious con

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duct with a child. At the time of his arrest he had jumped bail in Stockton upon a charge of another sexual crime of the same kind.

Proceedings in the criminal case were suspended. Defendant was adjudged a sexual psychopath, and committed to Camarillo State Hospital.

Portions of the reports of two medical experts who recommended this commitment are as follows:

1. “Subject ... is a frank homosexual . . .

“There is probably no possibility of rehabilitation. His long sentences at San Quentin and Folsom have had no effect as a deterrent to his compulsion.

“He falls definitely in the category of sexual psychopathy as defined in Section 5500 of the Welfare and Institutions Code, and he should be permanently removed from free association with children or society in a penal or other type of state institution.”

2. “This man, in middle life, comes to examination with a history of sexual abnormality covering the greater portion of his life. He has spent nearly fifteen years in prisons and jails for the one recurring offense, and under present conditions can be expected to repeat it again if ever an opportunity is presented to him.”

Defendant escaped from Camarillo State Hospital. He was apprehended after a few months of liberty, and was then confined in Mendocino State Hospital.

On July 21, 1952, defendant filed in the superior court (No. 39063) a “Motion for subpoena and writ of attachment.” This motion was denied July 23, 1952, and defendant filed notice of appeal from that order the same day. Respondent has moved to dismiss this appeal.

July 24, 1952, the District Court of Appeal, Third District, denied defendant’s petition for a writ of mandamus, directing the superintendent of Mendocino State Hospital to report whether defendant was still a menace to others, “on authority of Section 5519 of the Welfare and Institutions Code.” (Minutes, p. 4, 112 A.C.A. No. 4.)

People v. Gross

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DRAPEAU, J.

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