People v. Braxton

Opinion

KENNARD, J.

Penal Code section 1202 1 contains this sentence: “If the court shall refuse to hear a defendant’s motion for a new trial or when made shall neglect to determine such motion before pronouncing judgment or the making of an order granting probation, then the defendant shall be entitled to a new trial.” In this case, on the day set for sentencing, the trial court refused to entertain defendant’s oral motion for a new trial. On defendant’s appeal, the Court of Appeal, relying on the above quoted provision, reversed the judgment and remanded the matter for a new trial.

We granted…