People v. Carroll

Opinion

McCOMB, J.

Defendant appeals from a judgment convicting him of first degree robbery of Pat Morano (count 1), degree Norman Gulsvig (count 2), and assault with intent to murder Gulsvig (count 3). The trial court sentenced defendant to state prison on all counts, but suspended execution of the sentence on the third count pending completion of the terms under counts 1 and 2, which terms were ordered to run concurrently.

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The record shows that on June 1, 1968, shortly after midnight, defendant was in the rest room of the Jet Bird Bar, which is owned by Pat Morano in El Monte. Defendant had a turtleneck sweater pulled up over his face. Gulsvig entered the rest room, and defendant pointed a gun at him, saying, “Hand me your wallet.” When defendant found that the wallet Gulsvig handed him contained no money, he threw it on the wash basin. Gulsvig slammed one of the interior rest room doors in defendant’s face and ran back into the bar. Defendant pursued him, shouting, “Where is that s.b., I’m going to kill him.” Defendant fired two shots at Gulsvig, one of which grazed his chin. Gulsvig then ran behind the bar to hide. Later, defendant came behind the bar to the cash register and noticed Gulsvig on the floor. Gulsvig threw a case of empty beer bottles at defendant. Defendant simultaneously shot Gulsvig in the abdomen, inflicting a serious wound. Defendant then removed money from the cash register and left the bar.

Count 2 of the amended information (relating to the robbery of Gulsvig) charged that defendant “with intent to inflict injury, did inflict great bodily injury upon the person of Ronald Norman Gulsvig” during commission of the robbery of Gulsvig. At the conclusion of the trial, the trial court stated

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from the bench: “In Count 2, to clarify the record, the Court has found that the defendant is guilty of robbery in the first degree, that the defendant did inflict great bodily injury upon the person of Ronald Gulsvig.” Pursuant to section 213 of the Penal Code, as amended in 1967, a finding that in the course of the commission of a.first degree robbery the defendant, with intent to do so, inflicted great bodily injury on the victim of the robbery increases the punishment.

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