Phillips

People v. Phillips

Good Law
1967 Cal. App. LEXIS 2179·250 Cal. App. 2d 885·58 Cal. Rptr. 752
Court of Appeal of CaliforniaMay 11, 1967Crim. No. 10093California503 words

Opinion

Lead Opinion

Kingsley, J.

Defendants were charged in several counts with grand theft, with violations of section 476a of the Penal Code, and with conspiracy to commit grand theft. After a jury trial, defendant William Phillips was found guilty on all counts, defendant Janet Phillips was found guilty on some of the counts and not guilty as to others. William Phillips was sentenced to state prison; Janet Phillips was granted probation. Both appealed.

In an opinion filed on February 16, 1966, we affirmed the judgment against William Phillips and the order granting probation to Janet Phillips. (People v. Phillips (1966) 240 *886 Cal.App.2d 197 [ 49 Cal.Rptr. 480 ].) Defendants petitioned for a hearing in the Supreme Court of California and that petition was denied by that court on April 13, 1966. Thereafter, defendants petitioned for certiorari from the Supreme Court of the United States. On February 27, 1967, that court filed its per curiam opinion which, with its accompanying opinions, reads as follows:

Thereafter, and on April 14, 1967, the mandate of the Supreme Court was filed with this court, remanding the case to us “for further proceedings not inconsistent with the opinions” of the Supreme Court…

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