From Casetext: Smarter Legal Research

People v. Sparks

Court of Appeal of California, First District, Division One
Jun 30, 1952
112 Cal.App.2d 120 (Cal. Ct. App. 1952)

Summary

holding that the general rule that a defendant in a criminal case "is entitled to a reporter's transcript at state expense . . . [does not apply where] the time for appeal from the judgment ha long since expired"

Summary of this case from State v. Dupont

Opinion

Docket No. 2813.

June 30, 1952.

APPEAL from an order of the Superior Court of Alameda County denying "Motion for the Records." Charles Wade Snook, Judge. Affirmed.

Lester Sparks, in pro. per., for Appellant.

Edmund G. Brown, Attorney General, Clarence A. Linn, Assistant Attorney General, and Wallace G. Colthurst, Deputy Attorney General, for Respondent.


Appellant, with two others, was convicted in 1948 of certain counts of forgery. (Only one of the others appealed. See People v. Robinson, 102 Cal.App.2d 800 [ 228 P.2d 583].) On October 5, 1951, appellant, in propria persona, filed in the superior court in the original criminal proceeding a "Motion for the Records." This requested the court to order the clerk to deliver to appellant the clerk's and reporter's transcripts of the proceedings at the trial, thereby "enabling petitioner to prosecute his cause in a writ of Error Coram Nobis." Accompanying this "motion" were a memorandum of points and authorities and the affidavit of appellant stating that he is confined in the California State Prison at Folsom, and has no funds with which to procure said transcripts. The court denied the motion. Appellant appeals.

[1a] No application for a writ of coram nobis was filed nor were any grounds presented to the trial court upon which appellant intended to base his application for the writ. On appeal he has set forth in his brief these grounds. [2] It might be pointed out that all of them are matters as to which no reason is shown why they could not have been raised on appeal and hence coram nobis would not lie. ( People v. Coyle, 88 Cal.App.2d 967 [ 200 P.2d 546].) Therefore, if the court had before it an application for coram nobis and had such application contained these grounds only, the court, in the exercise of its discretion, could have refused to order the delivery of the transcripts. (See People v. Coyle, supra, p. 977.)

[3] On appeal in a criminal case the defendant is entitled to a reporter's transcript at state expense. ( People v. Smith, 34 Cal.2d 449 [ 211 P.2d 561].) [1b] However, in our case the time for appeal from the judgment had long since expired. Appellant is not pursuing such appeal. Moreover, the trial court had no jurisdiction to entertain the motion for the reason that there was no proceeding pending before the court at the time. [4] "A motion is not an independent right or remedy . . . but implies the pendency of a suit between the parties and is confined to incidental matters in the progress of the cause. As the rule is sometimes expressed, a motion relates to some question collateral to the main object of the action and is connected with, and dependent on, the principal remedy." (60 C.J.S. p. 7, § 3.) [1c] Here the action of People v. Sparks et al., in which appellant purported to bring his motion, had long since been terminated. It has been held that "a proceeding in the nature of a writ of coram nobis is properly regarded `as a part of the proceedings in the case to which it refers.' . . ." ( In re Paiva, 31 Cal.2d 503, 509 [ 190 P.2d 604].) But this is not such a proceeding.

Appellant's theory is that he is entitled to the transcript because he is moving in forma pauperis. In a proper proceeding the determination of such a motion is in the discretion of the court. In addition to the lack of finances, the moving party must show that he has "a substantial right to enforce or preserve . . ." ( Majors v. Superior Court, 181 Cal. 270, 280 [ 184 P. 18, 6 A.L.R. 1274].) Even had this motion been made in a coram nobis proceeding, appellant would have to show such right. ( People v. Coyle, supra, 88 Cal.App.2d 967. ) Appellant has shown no such right. The trial court properly denied the application.

The order is affirmed.

Peters, P.J., and Wood (Fred B.), J., concurred.

Appellant's petition for a hearing by the Supreme Court was denied July 24, 1952.


Summaries of

People v. Sparks

Court of Appeal of California, First District, Division One
Jun 30, 1952
112 Cal.App.2d 120 (Cal. Ct. App. 1952)

holding that the general rule that a defendant in a criminal case "is entitled to a reporter's transcript at state expense . . . [does not apply where] the time for appeal from the judgment ha long since expired"

Summary of this case from State v. Dupont

In People v. Sparks (1952) 112 Cal.App.2d 120, the petitioner some years after his conviction filed a "motion for... records," seeking trial records to help him decide if he would pursue a writ petition.

Summary of this case from People v. Dikes

In Sparks, as in this case, the defendant had failed to appeal from the judgment against him, and at the time of his motion for transcripts no coram nobis proceedings had been filed.

Summary of this case from Miller v. Hamm
Case details for

People v. Sparks

Case Details

Full title:THE PEOPLE, Respondent, v. LESTER SPARKS, Appellant

Court:Court of Appeal of California, First District, Division One

Date published: Jun 30, 1952

Citations

112 Cal.App.2d 120 (Cal. Ct. App. 1952)
246 P.2d 64

Citing Cases

People v. Ainsworth

After the judgment has become final, there is nothing pending in the trial court to which a discovery motion…

Roski v. Superior Court

In the case at bench, once the main action had been dismissed, there was no action pending within which Shaw…