People v. Gainer

Opinion

RATTIGAN, J.

Defendant Robert Gainer, Jr., was convicted of second degree murder pursuant to a jury verdict returned on July 21, 1978. On August 11, 1978, the trial court sentenced him to state prison for terms prescribed by law. He appealed from the judgment of conviction, and was released on bail pending determination of the appeal. The judgment was affirmed by this court in 1981. Defendant surrendered himself to the trial court, and was remanded into custody. He thereupon requested that the trial court recall the sentence imposed on him in 1978, and resentence him, pursuant to Penal…