PEOPLE v. BRAXTON

No. S114375.

22 Cal.Rptr.3d 46 (2004)

34 Cal.4th 798

101 P.3d 994

The PEOPLE, Plaintiff and Respondent, v. Michael Glenn BRAXTON, Defendant and Appellant.

Supreme Court of California.

Rehearing Denied February 23, 2005.


Attorney(s) appearing for the Case

Richard C. Neuhoff, New Britain, CT, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Manuel M. Medeiros, State Solicitor General, Robert R. Anderson, Chief Assistant Attorney General, Ronald A. Bass and Gerald A. Engler, Assistant Attorneys, General, René A. Chacón, Ronald S. Matthias and Bruce Ortega, Deputy Attorneys General, for Plaintiff and Respondent.


KENNARD, J.

Penal Code section 12021 contains this sentence: "If the court shall refuse to hear a defendant's motion for a new trial or when made shall neglect to determine such motion before pronouncing judgment or the making of an order granting probation, then the defendant shall be entitled to a new trial." In this case, on the day set for sentencing, the trial court refused to entertain...

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