People v. Garner

This matter is before this court following decision of the Supreme Court of the United States (386 U.S. 272 [18 L.Ed.2d 41, 87 S.Ct. 1033]) which granted the defendant’s petition for certiorari and ordered that the judgment predicated on the decision of this court (234 Cal.App.2d 212) be vacated. The case was remanded for further consideration “not inconsistent with the opinion’’ of that court, which in turn recites, 1 ‘ The judgment is vacated and the case remanded for further consideration in light of Chapman v. California, 386 U.S. [18] [17 L.Ed.2d 705, 87 S.Ct. 824].”

*422The history of this…