In re Ricks

California Supreme Court Dec 11, 1963 No. Crim. No. 7480Published

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Holding. The court directed the District Court of Appeal to recall its remittitur, vacate the order of dismissal, and reinstate the petitioner's appeal.

Issues

Whether the petitioner is entitled to the recall of a remittitur and the reinstatement of an appeal.

Disposition. Remanded with directions

Quotations verified verbatim against the opinion

“the District Court of Appeal, Second Appellate District, Division Two, is directed to recall its remittitur in 2 Crim. 8216, People v. James Ronald Ricks, vacate its order of dismissal and reinstate the appeal.”

THE COURT. Respondent’s return to the order to show cause concedes that petitioner is entitled to the relief herein requested and the District Court of Appeal, Second Appellate District, Division Two, is directed to recall its remittitur in 2 Crim. 8216, People v. James Ronald Ricks, vacate its order of dismissal and reinstate the appeal. (In re Martin, 58 Cal.2d 133 [23 Cal.Rptr. 167, 373 P.2d 103].)

In re Ricks

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