Haxby

By information defendant was charged in four counts with violations of section 288 of the Penal Code. Counts I and II alleged violations upon Claudia, a neighborhood girl, and Counts III and IV alleged violations upon Joyce, one of defendant’s daughters. A jury trial having been duly waived, defendant was found guilty by the court on Counts I and II and not guilty on Counts III and IV. He appeals from the “judgment of conviction,” the order denying a new trial and the order finding him a probable sexual psychopath.

Penal Code section 1237, subdivision 1, permits an appeal from a final “judgment of conviction.” The criminal proceedings in the instant case were suspended pursuant to the trial court’s order committing defendant to Atascadero State Hospital as a probable sexual psychopath and in accordance with the provisions of the Welfare and Institutions Code, section 5501. Hence no final judgment of conviction was entered and the appeal from such purported judgment (none existing) must be dismissed. (People v. Niendorf, 197 Cal.App.2d 594, 596 [ 17 Cal.Rptr. 467 ]; People v. Bales, 180 Cal.App.2d 16, 18 [ 4 Cal.Rptr. 205 ].) Defendant’s appeal from the order denying a new trial,…