People v. Mendietta

DOOLING, J.

Appellant was arraigned before the committing magistrate upon a complaint charging him and two others with the crime of robbery. The complaint included the allegation “said defendant(s) at the time of the commission of the said offense being armed with a deadly weapon, to wit: a revolver.” Appellant pleaded guilty before the magistrate as permitted by section 859a Penal Code and the matter was certified to the superior court. The judge of the superior court determined the robbery to be in the first degree and imposed sentence.

[789]

The sole issue raised on the appeal is that the judge in fixing the degree of the crime failed to take evidence as required by law. (Pen. Code, § 1192;

People

v.

Bellon,

180 Cal. 706 [182 P. 420];

People

v.

Stratton,

133 Cal.App. 309 [24 P.2d 174];

People

v.

Paraskevopolis,

42 Cal.App. 325 [183 P. 585].)

Since robbery while armed with a deadly weapon is robbery in the first degree (Pen. Code, § 211a) and since the complaint alleged that the defendants in the commission of the robbery were “armed with a deadly weapon, towit: a revolver,” it is plain that the complaint charged the defendants with the commission of robbery in the first degree. [2] The plea of guilty admitted all of the elements of the crime as charged.

(People

v.

Brown,

140 Cal.App. 616, 619 [36 P.2d 194];

People

v.