In Re Claudette

California Court of Appeal

In Re Claudette

69 P.2d 1021, 21 Cal. App. 2d 688, 1937 Cal. App. LEXIS 341

CourtCalifornia Court of Appeal

DecidedJuly 10, 1937

DocketCrim. 1969

StatusPublished

Cited by2 cases

This text of 69 P.2d 1021 (In Re Claudette) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In Re Claudette, 69 P.2d 1021, 21 Cal. App. 2d 688, 1937 Cal. App. LEXIS 341 (Cal. Ct. App. 1937).

Pincite

Opinion

TYLER, P. J.

—Petitioner was arrested on April 17, 1937, in San Francisco on a warrant issued upon a complaint charging petty theft. He was tried, convicted and sentenced to imprisonment in the county jail for a period of thirty days and to pay a fine of $250. At the time of the rendition of the judgment and sentence imposing the fine no alternative of a further imprisonment for nonpayment of the fine was made and no imprisonment of petitioner was ordered by the court for nonpayment of said fine. The time of the imprisonment expired on May 14, 1937, at which time the court made and signed an additional order that petitioner be imprisoned for another thirty days or until the fine was paid, not exceeding $8.33 a day, said sum amounting to the $250 fine originally imposed. The court was without jurisdiction to make such nunc pro tunc order or any further or additional imprisonment of petitioner, it having exhausted its jurisdiction under the original judgment.

The writ is granted and the petitioner discharged.

Knight, J., and Cashin, J., concurred.

Free access — add to your briefcase to read the full text and ask questions with AI

TYLER, P. J.

—Petitioner was arrested on April 17, 1937, in San Francisco on a warrant issued upon a complaint charging petty theft. He was tried, convicted and sentenced to imprisonment in the county jail for a period of thirty days and to pay a fine of $250. At the time of the rendition of the judgment and sentence imposing the fine no alternative of a further imprisonment for nonpayment of the fine was made and no imprisonment of petitioner was ordered by the court for nonpayment of said fine. The time of the imprisonment expired on May 14, 1937, at which time the court made and signed an additional order that petitioner be imprisoned for another thirty days or until the fine was paid, not exceeding $8.33 a day, said sum amounting to the $250 fine originally imposed. The court was without jurisdiction to make such nunc pro tunc order or any further or additional imprisonment of petitioner, it having exhausted its jurisdiction under the original judgment.

The writ is granted and the petitioner discharged.

Knight, J., and Cashin, J., concurred.

Cite This Page — Counsel Stack

Bluebook (online)

69 P.2d 1021, 21 Cal. App. 2d 688, 1937 Cal. App. LEXIS 341, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-claudette-calctapp-1937.

Opinion

Related

Cite This Page — Counsel Stack