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PEOPLE v. FITZGERALD

Docket No. 8468.

216 Cal.App.2d 520 (1963)

33 Cal. Rptr. 491

THE PEOPLE, Plaintiff and Respondent, v. CHARLES FITZGERALD, Defendant and Appellant.

Court of Appeals of California, Second District, Division Three.

May 22, 1963.

Attorney(s) appearing for the Case

Charles Fitzgerald, in pro. per., and Cary G. Branch, under appointment by the District Court of Appeal, for Defendant and Appellant.

Stanley Mosk, Attorney General, and William E. James, Assistant Attorney General, for Plaintiff and Respondent.

THE COURT.

The appeal is from an order of the Superior Court denying a motion to vacate the judgment entered in 1926, sentencing Fitzgerald to life imprisonment following a plea of guilty to murder. [1] The People moved to dismiss the appeal upon the ground that it is frivolous; counsel was appointed to represent the defendant in opposition to the motion; the motion was calendared, was duly heard and submitted...

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