Does this court have jurisdiction to hear an appeal against an order requiring defendant to obtain a prescription medication?

California, United States of America


The following excerpt is from People v. Christiana, 10 Cal. Daily Op. Serv. 15, 119 Cal.Rptr.3d 191, 190 Cal.App.4th 1040, 2010 Daily Journal D.A.R. 18 (Cal. App. 2011):

The People further contend this court has no jurisdiction because defendant never challenged the medication order on the ground, now raised on appeal, that the evidence to support the medication order was insufficient because the

[190 Cal.App.4th 1047]

evidence did not identify the specific medication proposed to be administered or its specific side effects. To support their argument, the People cite section 1469, which is part of the title and chapter of the Penal Code addressing appeals in misdemeanor and infraction cases and is therefore, on its face, inapplicable. We presume the intended cite was to section 1259, which addresses appeals in felony cases in language similar to that of section 1469. Section 1259 states: "Upon an appeal taken by the defendant, the appellate court may, without exception having been taken in the trial court, review any question of law involved in any ruling, order, instruction, or thing whatsoever said or done at the trial or prior to or after judgment, which thing was said or done after objection made in and considered by the lower court, and which affected the substantial rights of the defendant." Here, defendant challenges the sufficiency of the evidence to support the trial court's order. It is axiomatic that such a challenge does not require that an objection was made in the trial court. (See People v. Butler (2003) 31 Cal.4th 1119, 1126-1128, 6 Cal.Rptr.3d 730, 79 P.3d 1036.)

[190 Cal.App.4th 1047]

We conclude that we have jurisdiction to consider defendant's claims in this appeal.

Other Questions


What is the test for a motion to review an order from the Superior Court of Appeal against a motion of appeal against an order requiring the Court to review the order? (California, United States of America)
Does the Court of Appeal have jurisdiction to order an order affecting a judgment from the trial court while the appeal is pending? (California, United States of America)
If the parties have appealed against the Superior Court's order that the parties can continue to argue that the issues addressed by the orders are moot, can they appeal against the orders? (California, United States of America)
How have we dealt with the issue of timely appeal from the Court of Appeal in the context of an order requiring a timely appeal? (California, United States of America)
How have the courts dealt with a motion to strike a defendant's application to appeal against the court's order that defendant pay fees and fines? (California, United States of America)
When a court of appeal has an appealable judgment or order before it, does the court have jurisdiction to affirm, reverse or modify it? (California, United States of America)
What are the findings of the Court of Appeal on the appeal of a motion of appeal against an order requiring the Attorney General to produce a copy of the Plaintiff's file? (California, United States of America)
What are the implications of the Court of Appeal's decision not to grant defendant's appeal against his conviction for contempt of court? (California, United States of America)
Does a judge have jurisdiction to hear an appeal from the Superior Court of the Court of Appeal? (California, United States of America)
Does the Court of Appeal have jurisdiction to deny without prejudice a habeas corpus petition from a defendant who has not filed a petition in the proper lower court? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.