People v. Hernandez
- 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
50 Cal.App.2d 417 (1942) THE PEOPLE, Respondent, v. RUDY HERNANDEZ, Appellant.
Crim. No. 546. California Court of Appeals. Fourth Dist.
Mar. 11, 1942. J. M. Lopes for Appellant.
Earl Warren, Attorney General, and R. S. McLaughlin, Deputy Attorney General, for Respondent.
THE COURT.
The defendant was charged with the violation of section 270 of the Penal Code in failing to provide for a minor child. A jury having found him guilty, he applied for probation. [1] The court suspended the imposition of sentence and granted probation. No judgment or sentence was pronounced and it follows that the order granting probation is not appealable. (In re Phillips, 17 Cal.2d 55 [109 PaCal.2d 344], and cases there cited.)
The appellant obtained, on affidavit, an extension of time in which to file his opening brief to March 2, 1942. No brief was filed and no appearance in opposition to the motion to dismiss was made at the time set for hearing which was on March 10, 1942.
The motion is granted and the appeal is dismissed. *418
Cites, in this corpus
- People v. Hernandez Crim. No. 546 · 1942-03-11
- In Re Phillips L. A. 17367 · 1941-01-17