People v. Gonzalez

California Court of Appeal May 1, 1970 No. Crim. No. 16417Published

Before: Brandler

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Holding. An order denying a defendant's post-conviction motion for transcripts and appointment of counsel is not an appealable order when the underlying conviction and commitment are final and no showing of need for such records has been made.

Issues

Whether an order denying a motion for transcripts and appointment of counsel made years after a final conviction is an appealable order.
Whether a court may entertain a petition for habeas corpus when the defendant is not in custody within that county.

Disposition. dismissed

Quotations verified verbatim against the opinion

“An order denying defendant’s motion for the commitment and trial transcripts and other records is not an appealable order when made more than three and one-half years after conviction and when the adjudications were not appealed.”

“Since he had no right to the relief sought, obviously no substantial right of defendant was affected by the denial of his motions.”

[165]Opinion

BRANDLER, J.*

Statement of the Case

On June 9, 1965, defendant was convicted in the Los Angeles County Superior Court of a violation of section 11500 of the Health and Safety Code (possession of narcotics) and he was referred for a hearing on a possible commitment as a narcotic addict.'After a hearing pursuant to section 64511 of the Penal Code defendant was found to be a narcotic addict, and on July 25, 1965, he was committed to the California Rehabilitation Center. No appeal was taken by defendant from the conviction or commitment. On December 31, 1968, defendant filed two motions in the Superior Court of Los Angeles County, while confined in Kern County, (1) a motion for clerk’s transcripts, judge and public prosecutor’s statements, probation reports, copies of complaints, motions or petitions filed on behalf of movant, oral and written, all records pertaining to section 6451 Penal Code, commitment papers, psychiatric reports and all pertinent documents for case No. 298618, NDA 4748, in the Superior Court of Los Angles County, department 45, on or about the date of June 9, 1965; and (2) a motion for appointment of legal counsel. Defendant’s stated purpose was to enable him to file a petition for a writ of habeas corpus in Kern County. However, he failed to set forth even generally the grounds upon which he contemplated seeking such relief.

Both motions were denied on December 31, 1968, by the Honorable Harry V. Peetris, Judge of the Los Angeles Superior Court, and notice of the denial was mailed to defendant that same date. By notice dated January 13, 1969, and filed in Los Angeles County Superior Court January 17, 1969, defendant, confined in Kern County, appeals from the order of the Superior Court of Los Angeles County denying his motions and, in his notice of appeal, again requests that he be furnished all documents previously requested in his first motion.

Defendant’s Contentions

(1) The order denying his motions to prepare transcripts and for the appointment of counsel are appealable orders; (2) defendant was entitled to the trial transcripts upon which his commitment was based and to a transcript of the commitment proceedings; and (3) he is entitled to appointment of counsel to represent him in any habeas corpus proceeding.

[166]

People v. Gonzalez

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