State v. Ornelas

CASE, Judge.

Three issues are raised by the State in appealing from an order granting defendant a new trial. The parties will be referred to as they appeared in the trial court.

The facts are as follows: On 3 April 1968, defendant was found guilty by a jury of two counts of grand theft by false or fraudulent representation or pretenses. On 8 April 1968, defendant filed a motion for a new trial which was denied by the court on 18 April 1968. The time for sentencing was set for 22 April 1968 but continued on 23 April for a period of eight months. Sentencing was set for 13 December 1968. On 10…