People v. Moore

The People appeal from an order modifying the verdict by reducing the punishment imposed for defendant's crime, murder in the first degree, from death to life imprisonment. (Pen. Code, § 1238, subd. 6.) The trial court made the order of modification in passing upon defendant’s motion for a new trial. At that time both defendant's motion for a new trial and his motion to reduce the degree of his crime were denied, but defendant does not appeal. We have concluded that under authority of this court’s remand order and of the governing statute (Pen. Code, § 1181, subd. 7) the trial court had the…