Narrative Opinion Summary
In this judicial proceeding, the court addressed a petition regarding the case of People v. Wein, 50 Cal.2d 383, treating it as a motion to recall the remittitur. The court granted the motion, thereby recalling the remittitur that had been issued on June 27, 1958. The decision led to the vacatur of the judgment for several specific counts (1, 5, 9, 14, 17, 18, and 21) while affirming the judgment for the remaining counts. This action reflects the court's willingness to re-evaluate certain aspects of the case in light of the petition and applicable precedents, such as People v. Daniels, 71 Cal.2d 1119, and People v. Mutch, 4 Cal.3d 389. Justices Mosk and Sullivan abstained from participating in this decision, indicating a partial bench's involvement in the ruling. The outcome modifies the legal standing for the vacated counts while leaving the affirmed counts unaffected, illustrating the nuanced application of appellate review and remittitur recall procedures.
Legal Issues Addressed
Affirmation of Judgmentsubscribe to see similar legal issues
Application: The court upheld the judgment for counts not subject to vacatur, maintaining the original decision for those components of the case.
Reasoning: The judgment is vacated for counts 1, 5, 9, 14, 17, 18, and 21, while it is affirmed for all other counts.
Recall of Remittitursubscribe to see similar legal issues
Application: The court exercised its discretion to recall the remittitur in response to the petition filed, effectively reopening the case for certain counts.
Reasoning: The court treats the petition as a motion to recall the remittitur in the case of People v. Wein, 50 Cal.2d 383. The motion is granted, resulting in the recall of the remittitur issued on June 27, 1958.
Vacatur of Judgmentsubscribe to see similar legal issues
Application: The judgment for specific counts was vacated as a result of recalling the remittitur, indicating a legal error or reconsideration was warranted for those counts.
Reasoning: The judgment is vacated for counts 1, 5, 9, 14, 17, 18, and 21, while it is affirmed for all other counts.