PEOPLE v. BROWN, 62 Cal.2d 901 (1965)

399 P.2d 373, 42 Cal.Rptr. 837

Docket No. Crim. 8589.Supreme Court of California. In Bank.
March 5, 1965.

MOTION to dismiss an appeal from an order of the Superior Court of Los Angeles County adjudging defendant insane and committing him to a state hospital. Maurice C. Sparling, Judge. Motion denied.

Sam Bubrick, under appointment by the Supreme Court, for Defendant and Appellant.

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Albert W. Harris, Jr., Deputy Attorney General, for Plaintiff and Respondent.

PEEK, J.

The People move to dismiss defendant’s appeal from an order adjudging him insane within the meaning of section 1368 of the Penal Code and committing him to the Atascadero State Hospital until he is pronounced sane. It is urged that the order is not appealable.

In People v. Fields, ante, p. 538 [42 Cal.Rptr. 833, 399 P.2d 369], filed this day, it is concluded that such an order is a final judgment in a special proceeding, and for that reason appealable. (Code Civ. Proc., § 963, subd. 1.)

Accordingly, the motion to dismiss the instant appeal is denied.

Traynor, C.J., McComb, J., Peters, J., Tobriner, J., Mosk, J., and Schauer, J.,[*] concurred.

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