People v. Strams

California Court of Appeal

People v. Strams

118 Cal. App. 148

CourtCalifornia Court of Appeal

DecidedNovember 4, 1931

DocketCrim. No. 2120

StatusPublished

This text of 118 Cal. App. 148 (People v. Strams) 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

People v. Strams, 118 Cal. App. 148 (Cal. Ct. App. 1931).

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Opinion

THE COURT.

The defendant gave notice of appeal “from the judgment and sentence herein rendered on the 19th day of December 1930 ’ ’. The record shows that no judgment has been pronounced or entered, unless the probation order of December 19th, including the conditions recited in said order, may be construed into a judgment from which an appeal may be taken.

But it further appears that during the pendency of this appeal, and on the eighteenth day of May, 1931, the trial court modified its order of probation and directed defendant’s immediate release from custody. Apparently the questions presented upon the appeal have become moot, even if the order was one from which defendant had a right of appeal.

It is therefore ordered that the appeal be, and the same is, hereby dismissed.

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THE COURT.

The defendant gave notice of appeal “from the judgment and sentence herein rendered on the 19th day of December 1930 ’ ’. The record shows that no judgment has been pronounced or entered, unless the probation order of December 19th, including the conditions recited in said order, may be construed into a judgment from which an appeal may be taken.

But it further appears that during the pendency of this appeal, and on the eighteenth day of May, 1931, the trial court modified its order of probation and directed defendant’s immediate release from custody. Apparently the questions presented upon the appeal have become moot, even if the order was one from which defendant had a right of appeal.

It is therefore ordered that the appeal be, and the same is, hereby dismissed.

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Bluebook (online)

118 Cal. App. 148, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-strams-calctapp-1931.