Supreme Court of California

When a trial court does not hear a defendant's new trial motion, a separate motion citing Penal Code section 1202 is not required, but a defendant may forfeit a claim to the section 1202 remedy by acquiescing in the trial court's failure to hear the new trial motion.

Appellate Information

• Decided 12/13/2004
• Published 12/13/2004

Judges

• KENNARD, J.

Court

• Supreme Court of California

Counsel

• For Appellees:
  
• Richard C. Neuhoff, New Britain, CT, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Manuel M. Medeiros, State Solicitor General, Robert R. Anderson, Chief Assistant Attorney General, Ronald A. Bass and Gerald A. Engler, Assistant Attorneys, General, René A. Chacón, Ronald S. Matthias and Bruce Ortega, Deputy Attorneys General, for Plaintiff and Respondent.