PEOPLE v. SERRATO

Docket No. Crim. 16519.

9 Cal.3d 753 (1973)

512 P.2d 289

109 Cal. Rptr. 65

THE PEOPLE, Plaintiff and Respondent, v. JOE SERRATO et al., Defendants and Appellants.

Supreme Court of California. In Bank.

July 25, 1973.


Attorney(s) appearing for the Case

COUNSEL

Stephen E. Tallent, Gary D. Stabile, Don Parris, Robert A. Miller and Keith K. Hilbig for Defendants and Appellants.

Evelle J. Younger, Attorney General, Herbert L. Ashby, Chief Assistant Attorney General, William E. James, Assistant Attorney General, Norman H. Sokolow and Howard J. Schwab, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

FILES, J.*

Defendants Joe and Gloria Serrato were charged with a felony, possession of a fire bomb (Pen. Code, § 452, subd. (b)), and a jury found them guilty as charged.

In ruling upon defendants' motion for a new trial the court made an order purporting to modify the verdict to a conviction under Penal Code section 415. Proceedings were suspended and the court placed each defendant...

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