People v. Miller

Defendant was found' guilty' of first degree robbery as charged in two counts. , Motion for. new. trial denied. He appeals from the judgment.

The cause having regularly .come before us upon the merits the judgment was affirmed in People v. Miller, 190. Cal.App.2d 361 [ 11 Cal.Rptr. 920 ], The Supreme Court denied á hearing on May 16, 1961,. and the remittitur issued. in due course. Thereafter, upon petition of, appellant, based upon the fact that his application for appointment of an attorney .to represent him upon appeal, made ..prior to the hearing upon the merits, had been denied by this court, and, acting under the compulsion of Douglas v. California, 372 U.S. 353 [ 83 S.Ct. 814 , 9 L.Ed.2d 811 ], we recalled the remittitur, vacated our judgment, appointed an attorney to represent appellant *630 throughout further stages of the cause, gave him time for preparation and filing of an opening brief and placed the cause upon the July 1963 calendar for hearing. Appointed counsel duly served and filed an opening brief and respondent interposed an answering brief; the cause is again before us upon the merits.

Appointed counsel has abandoned the points raised in appellant’s pro. per.…