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People v. Brown

California Court of Appeal · Crim. 3301 · 1957-03-15 · Published · 149 Cal. App. 2d 175 · 307 P.2d 949 · 1957 Cal. App. LEXIS 2012

The PEOPLE, Respondent, v. CARL E. BROWN, Appellant

Area
criminal

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion

THE COURT.

Petitioner moved this court under Penal Code, section 1265, to set aside the judgment of conviction previously affirmed by this court in People v. Brown, 131 Cal.App.2d 643 [281 P.2d 319]. We denied the motion from the bench without opinion. At the same time we granted a motion to dismiss an appeal from a similar order made by the superior court.

On petition for rehearing of these orders, petitioner Brown argues that this court was required by article VI, section 24, California Constitution, to file a written opinion. In Funeral Directors Assn.

v. Board of Funeral Directors, *176 22 Cal.2d 104 [136 P.2d 785], the Supreme Court held that this constitutional provision does not require a written decision when the court denies an original application for a writ. Here petitioner proceeded by motion instead of by petition. His choice of the method of application should not affect the rule announced in the cited case.

It has been the accepted practice for both the Supreme Court and the District Courts of Appeal to grant motions to dismiss appeals from the bench without written opinion. The justification for this procedure is that in dismissing an appeal the court determines that the “cause” is not properly before it.

Petition for rehearings of both orders denied.

Appellant’s petition for a hearing by the Supreme Court was denied April 10, 1957.

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