People v. Orrante

The principal question for our determination in this case is whether the defendant who was convicted below of murder in the second degree and who was at the time of the perpetration of said crime armed with a deadly weapon, is eligible for probation under the provisions of section 1203 of the Penal Code. We have concluded that she is not and that the trial court acted in excess of its jurisdiction in granting probation to her. We have also concluded that the pertinent orders of the court below are appeal-able by the People and we so review them without calling into play the extraordinary…