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

The PEOPLE of the State of California, Plaintiff and Respondent, v. Raymond BALDWIN, Defendant and Appellant.

Cr. 7014.

Decided: June 22, 1964

Allen I. Neiman, Los Angeles, for appellant*.

Our original opinion in this case was filed on April 10, 1961. For a statement of the factual background and the legal issues presented, reference is made thereto. (See People v. Baldwin, 191 Cal.App.2d 83, 12 Cal.Rptr. 365.)

In accordance with the procedure formerly followed, we made an examination of the record for the purpose of determining whether or not counsel should be appointed to represent appellant on his appeal. We then concluded that such appointment would be neither advantageous to appellant nor helpful to this court. However, upon motion of appellant following the decision in Douglas v. State of California, 372 U.S. 353, 83 S.Ct. 814, 9 L.Ed.2d 811, the remittitur heretofore filed was ordered recalled and present counsel was appointed.

Although appointed counsel has fulfilled his duties conscientiously and with commendable zeal, his statement filed herein indicates that he has been unable to find any error or inaccuracy in any of the statements or rulings made in our decision and that he is unable to suggest any additional assignments of error. Insofar as the assignments of error considered in our original opinion may be deemed reasserted on this second hearing, our decision heretofore rendered is hereby adopted in its entirety as the present jdugment of the court.

The judgment and order denying a new trial are affirmed.1


1.  The appeal from the order denying the motion for new trial was taken before the amendment of Penal Code, section 1237 that now makes such an appeal subject to dismissal.

HERNDON, Justice.

FOX, P. J., and ROTH, J., concur.

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Docket No: Cr. 7014.

Decided: June 22, 1964

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

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