People v. Braxton

Penal Code section 1202 contains this sentence: "If the court shall refuse to hear a defendants motion for a new trial or when made shall neglect to determine such motion before pronouncing judgment or the making of an order granting probation, then the defendant shall be entitled to a new trial." In this case, on the day set for sentencing, the trial court refused to entertain defendants oral motion for a new trial. On defendants appeal, the Court of Appeal, relying on the above quoted provision, reversed the judgment and remanded the matter for a new trial.