People v. Miller

This is an appeal by defendant Ella Mae Miller from the judgment of the trial court after remand by the Supreme Court in the case of People v. Wade, 53 Cal.2d 322 [ 1 Cal.Rptr. 683 , 348 P.2d 116 ]. Upon her original trial defendant Ella Mae Miller pleaded guilty to attempted robbery in the first degree and murder in the first degree. The cause was referred to the probation officer for his action, who filed his report, and the matter then came on for pronouncement of judgment and consideration of the motion for probation. The court denied probation and sentenced defendant to the state prison for life. Defendant appealed and the Supreme Court reversed the judgment and stated at page 339: “ [A]s to defendant Miller, the order denying a new trial is affirmed. Since the record discloses that the trial court, without considering the merits of the application for probation, erroneously determined that she was not eligible for probation, the judgment as to her is reversed, and the cause remanded for further proceedings in accordance with law, and with specific directions to the trial court to entertain the application for probation and grant or deny the same as may appear proper under…