Gann

People v. Gann

Good Law
1968 Cal. App. LEXIS 2015·259 Cal. App. 2d 706·66 Cal. Rptr. 508
Court of Appeal of CaliforniaFebruary 29, 1968Crim. 3009California3,346 words

Opinion

Opinion

Gabbert, J.

An information was filed charging the defendant with two counts of sex perversion in violation of section 288a, Penal Code, and a third count of the infamous crime against nature in violation of section 286, Penal Code. A codefendant, Robert Park Hall, was charged with one count of lewd and lascivious conduct with a child in violation of section 288, Penal Code.

A public defender represented both of the defendants and on the second day of a nonjury trial, the defendant Hall moved that the public defender be relieved as his counsel and that he be allowed to proceed in propria persona. The motion was granted. The court found Hall guilty of contributing to the ' delinquency of a minor, a misdemeanor, a necessarily included offense within the crime charged. Hall received probation and did not appeal.

The court found the appellant guilty as charged in count I (sex perversion, Pen. Code, § 288a), guilty of count III (infamous crime against nature, Pen. Code, § 286), and not guilty of count II (sex perversion, Pen. Code, § 288a).

Proceedings were suspended and the defendant was examined to determine whether he was a mentally disordered sex offender. (Welf. & Inst. Code, § 5500.) A…

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