In re Wein

Good Law
1971 Cal. LEXIS 234·5 Cal. 3d 47·95 Cal. Rptr. 12·484 P.2d 1356
Supreme Court of CaliforniaMay 28, 1971Crim. No. 14254California96 words

lead Opinion

Opinion

We treat the petition as a motion to recall the remittitur in People v. Wein, 50 Cal.2d 383 [ 326 P.2d 457 ]. The motion is granted. The remittitur issued on June 27, 1958, is recalled. The judgment is vacated on counts 1, 5, 9, 14, 17, 18, 21, and is affirmed on all other counts. (People v. Daniels, 71 Cal.2d 1119, 1140 [ 80 Cal.Rptr. 897 , 459 P.2d 225 ]; People v. Mutch, 4 Cal.3d 389 [ 93 Cal.Rptr. 721 , 482 P.2d 633 ].)

Mosk, J., and Sullivan, J., did not participate.