People v. Fernandez

California Court of Appeal Jun 5, 1941 No. Crim. No. 609Published

Before: Marks

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Holding. The court affirmed the judgment and order denying a new trial because the appellant failed to file a brief or present an argument.

Issues

Whether the judgment should be affirmed under Penal Code section 1253 due to the appellant's failure to file a brief or appear for argument.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The judgment and the order denying the new trial are affirmed.”

MARKS, J. This case comes before us on a motion to affirm the judgment under the provisions of section 1253 of the Penal Code.

The clerk’s transcript was filed on February 24, 1941, and the reporter’s transcript on April 11, 1941. The case was placed on the calendar of May 27, 1941, for argument. No argument was made and no brief has been filed on behalf of appellant. The motion must be granted.

The judgment and the order denying the new trial are affirmed.

Barnard, P. J., and Griffin, J., concurred.

People v. Fernandez

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