Glass

People v. Glass

Good Law
1966 Cal. App. LEXIS 1593·244 Cal. App. 2d 451·53 Cal. Rptr. 75
Court of Appeal of CaliforniaAugust 23, 1966Crim. No. 11324California707 words

Opinion

Lead Opinion

Roth, J.

Appellant has ified an appeal from an order reinstating her probation after a dismissal of her appeal *452 from the original judgment of conviction. We hold that the order is nonappealable and dismiss the appeal.

In July 1964 appellant was convicted of abortion (Pen. Code, § 274). Proceedings were suspended and an order granting probation was made August 12, 1964, upon conditions, two of which were incarceration the first six months in county jail and payment of a $500 fine plus penalty assessments.

Appellant appealed in pro. per. from said order. 1 Pending the appeal appellant was granted bail and obtained a stay of execution. The appeal was dismissed for failure to file an opening brief. On May 4, 1965, the remittitur was returned to the superior court.

On May 27, 1965, a supplementary probation report was ordered. On June 23, 1965, appellant was again arraigned for judgment. Appellant moved for a modification of the terms of her probation. The motion was denied. The judge stated: “. . . a probation officer makes a recommendation 10 months ago, and then nothing very momentous has happened. Since that time an appeal is taken, and then the probation officer says ‘Well, now, to…

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