Utter

Defendant was charged with (count I) murder, (count II) robbery, and with three counts of grand theft. On motion under section 1118.1 of the Penal Code, one of the theft counts (count III) was dismissed; he was found guilty on all other counts. He was sentenced to state prison for life on the murder count, and to state prison for the term prescribed by law on the remaining counts; execution of the sentences on counts II and III was ordered stayed pending the service of the sentences on counts I, IV and V.

On appeal, this court reversed the judgment on count I on the stated ground that California had no jurisdiction over the offense therein involved, vacated the sentence erroneously imposed on the dismissed count (count in) and affirmed the judgment as to counts II, IV and V. However, we vacated the sentence on those three counts and remanded the case for further proceedings. (People v. Utter (1972) 24 Cal.App.3d 535 [ 101 Cal.Rptr. 214 ].) The Supreme Court denied hearing.

I

On the remand, defendant unsuccessfully sought a new trial on counts II, IV and V. The action of the trial court was correct. The only matter properly before the trial court at that stage was the…