People v. Cross

Opinion

BOLAND, J.

This appeal is from an order denying appellant outpatient status following a hearing under Penal Code section 1604,1 appealable as an order after judgment affecting the substantial rights of a party. (§ 1237, subd. (b); People v. Sword (1994) 29 Cal.App.4th 614, 619, fn. 2 [34 Cal.Rptr.2d 810].) We review the order for abuse of discretion. (Id. at pp. 619, fn. 2, 626.) Finding an abuse of discretion, we reverse.

PROCEDURAL HISTORY

In 1991, appellant Earl Bernard Cross was charged with murder, and it was alleged he personally used a knife. Appellant pleaded guilty to second…