People v. McGill

Opinion

BROWN (Gerald), P. J.

The People appeal from an order granting a new trial, following defendant’s conviction of sex acts with a girl under 14 years of age (Pen. Code, §§ 288, 288a). Mentally disordered sex offender proceedings were instituted and terminated; on December 10, 1968, defendant was granted probation.

On January 17, 1969, with new counsel, the parties appeared in court. The court’s minutes state: “It was stipulated between counsel to set aside the order granting probation for the purpose of making a motion for new trial.” The stipulation was recited for the record by the…