People v. Moore

California Court of Appeal Nov 10, 1937 No. Crim. No. 3039Published

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Holding. The court affirmed the order denying the defendant's motion to modify a judgment adjudging him an habitual criminal because the defendant failed to file briefs or appear for the hearing.

Issues

Whether the order denying the motion to modify the judgment should be affirmed given the defendant's failure to file briefs or appear.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The defendant has not filed any briefs and has failed to appear, and for that reason the judgment will be affirmed as provided in section 1253 of the Penal Code.”

THE COURT. This is an appeal from an order denying motion to modify judgment adjudging defendant to be an habitual criminal. The case was set for hearing as required by section 1252 of the Penal Code and notice thereof was duly given. The defendant has not filed any briefs and has failed to appear, and for that reason the judgment will be affirmed as provided in section 1253 of the Penal Code.

Order affirmed.

People v. Moore

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