After seven days of deliberation, the jury returned with its verdict, sentencing Burton Abbott to death for kidnaping and first degree murder. The Examiner said Abbott's "angular face turned the color of wet concrete, and a great artery pulsed madly in his throat." A photographer caught his mother's reaction on film.
On February 11, 1956, Burton Abbott was transferred from Alameda County Jail to San Quentin.
Attorney Leo Sullivan filed an appeal on behalf of Burton Abbott with the State Supreme Court. The 162-page document charged the trial court and prosecution with "prejudicial misconduct." While he filed the brief, Elsie Abbott waited in the car.