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District Court of Appeal, Second District, Division 2, California.

IN RE: Glenn Roy MILLER, on Habeas Corpus.

Cr. 9058.

Decided: May 15, 1963

Defendant-appellant having filed herein a petition for habeas corpus and it appearing from an examination of the record of the cause in this court that said appellant did apply prior to the determination of the cause on the merits for an order appointing an attorney to represent him on appeal and that said application was denied, and it further appearing from the decision of the United States Supreme Court in the case of Douglas v. California, filed on March 18, 1963, and reported in 372 U.S. 353, 83 S.Ct. 814, 9 L.Ed.2d 811, that appellant is now entitled to the relief herein granted,

IT IS ORDERED that the remittitur heretofore issued in People v. Miller, 190 Cal.App.2d 361, 11 Cal.Rptr. 920, be and it hereby is recalled, the judgment theretofore rendered in this court is vacated, attorney Bertram H. Ross, who has consented thereto, is appointed attorney to represent appellant throughout the further stages of this cause and is given 30 days from date hereof within which to prepare, serve and file an opening brief on behalf of appellant; the cause is placed upon the calendar for hearing on the 11th day of July, 1963, and the application for writ of habeas corpus having served its substantial purpose, is hereby denied.


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