People v. Dodson

California Court of Appeal Jun 5, 1941 No. Crim. No. 542Published

Before: Marks

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Holding. The court affirmed the judgment under Penal Code section 1253 because the defendant failed to file an opening brief or make an appearance after being granted an extension.

Issues

Whether the judgment should be affirmed due to the defendant's failure to file an opening brief or appear for the scheduled calendar.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The Attorney-General has moved to affirm the judgment under the provisions of section 1253 of the Penal Code.”

“No appearance was made for defendant and no brief in his behalf has been filed, so the motion must be granted.”

“The judgment is affirmed.”

MARKS, J. The Attorney-General has moved to affirm the judgment under the provisions of section 1253 of the Penal Code.

The clerk’s and reporter’s transcripts were filed here on April 14, 1941. On April 23, 1941, the attorney for defendant secured an order extending his time to file his opening brief to May 5, 1941. The case was placed on the calendar of May 27, 1941. No appearance was made for defendant and no brief in his behalf has been filed, so the motion must be granted.

The judgment is affirmed.

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

People v. Dodson

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