PEOPLE v. BOUCHARD (1957)

District Court of Appeal, Second District, Division 1, California.

The PEOPLE of the State of California, Plaintiff and Appellant, v. Rosario Joseph BOUCHARD, Defendant and Respondent.*

Cr. 5927.

Decided: June 12, 1957

Edmund G. Brown, Atty. Gen., William E. James, Deputy Atty. Gen., William B. McKesson, Dist. Atty., Jere J. Sullivan, Lewis Watnick, Fred N. Whichello, Deputy Dist. Attys., Los Angeles, for appellant. Gladys Towles Root, Los Angeles, for respondent.

In accordance with the provisions of section 995 of the Penal Code, the Superior Court set aside an information charging defendant with possession of brass knuckles, a felony. The Attorney General, for the People, appeals from the order.

Papers on appeal were served upon the attorney who represented defendant in the Superior Court. This attorney now moves to quash the service of these papers upon the ground that she no longer represents defendant, that he is a transient, has left for parts unknown, and cannot be found.

The authority of an attorney to prosecute or defend an action ordinarily terminates after the entry of a final judgment. Reynolds v. Reynolds, 21 Cal.2d 580, 584, 134 P.2d 251; 6 Cal.Jur.2d 354. This rule has a number of exceptions, none of which, however, seem to apply in this case.

Therefore, the motion to quash is well taken and is granted.

DRAPEAU, Justice pro tem.

WHITE, P. J., and DORAN, J., concur.

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