People v. Rittger

THE COURT.

— The People move to dismiss defendant’s appeal from an order denying his motion to reduce the death penalty, made after this court had affirmed the judgment of death. For the reasons hereinafter stated it appears that the motion should be granted, effective forthwith.

In People v. Rittger (1960), 54 Cal.2d 720 [355 P.2d 645], we affirmed a judgment of death rendered on defendant’s conviction of first degree murder and an order denying his motion for new trial or reduction of the class or degree of the offense or of the penalty. Thereafter we denied a rehearing, the remittitur went…