In re Wein

California Supreme Court May 28, 1971 No. Crim. No. 14254Published

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Holding. The court granted a motion to recall the remittitur, vacated the judgment on specific counts, and affirmed the judgment on all remaining counts.

Issues

Whether the remittitur in People v. Wein should be recalled and the judgment modified in light of subsequent legal authority.

Disposition. Remittitur recalled; judgment vacated in part and affirmed in part.

Quotations verified verbatim against the opinion

“The motion is granted. The remittitur issued on June 27, 1958, is recalled. The judgment is vacated on counts 1, 5, 9, 14, 17, 18, 21, and is affirmed on all other counts.”

Opinion

THE COURT. We treat the petition as a motion to recall the remittitur in People v. Wein, 50 Cal.2d 383 [326 P.2d 457]. The motion is granted. The remittitur issued on June 27, 1958, is recalled. The judgment is vacated on counts 1, 5, 9, 14, 17, 18, 21, and is affirmed on all other counts. (People v. Daniels, 71 Cal.2d 1119, 1140 [80 Cal.Rptr. 897, 459 P.2d 225]; People v. Mutch, 4 Cal.3d 389 [93 Cal.Rptr. 721, 482 P.2d 633].)

Mosk, J., and Sullivan, J., did not participate.

In re Wein

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