People v. Armendariz

MOORE, P. J.

The sufficiency of the evidence is the only question posed by this appeal.

Pour men were accused by information of robbery, armed with deadly weapons. (Pen. Code, § 211.) Defendant Calderan was alleged to have suffered two prior felony convictions. Appellant Moreno had also been convicted previously twice, first for violating section 503 of the Vehicle Code and, second, violating section 11500, Héalth & Safety Code, both felonies. All parties were represented by counsel. All were convicted as charged, except Armendariz and Moreno were not personally armed. The fact is that the latter two were not present at the actual robbery, but became principals by virtue of having aided and abetted their codefendants in the commission of the robbery.

The trial court, at the hearing of the motion for a new trial and application for probation, struck the allegation of two prior convictions charged to Moreno. But judgments against both appellants were entered convicting them of robbery. Each appeals from the judgment. Moreno appeals from the order denying his motion for a new trial. Armendariz appeals from the sentence, but it is not appealable.

The Facts

The victim of the bandits was one Clayton, operator of a liquor store on West Valley Boulevard in San Gabriel. On February 14,1955, about 8 p. m. while there alone he observed defendants Calderan and Chavez enter the store at the same time, and don masks. Chavez held an automatic pistol in his hand, ordered Clayton to open the cash register and threatened to shoot the proprietor if he should refuse. When the latter could not obey, Calderan inserted his hand into a pigeonhole

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under the cash register, withdrew a .32 special revolver, aimed it at Clayton and threatened to shoot unless the cash register he opened. Thereupon, Chavez ordered the merchant to go to the rear and lie down on the floor and thrice threatened to shoot the victim. The men took a metal box and a brown leather wallet containing checks and cash of the value of $429.47. With that box under his arm, Calderan emerged from the front door. Chavez, unable to make his exit through the rear door, started toward the front. Thereupon, Clayton took another revolver and effected the capture of Chavez. Contemporaneously with the arrest of the latter, as Calderan left the store, he was ordered by Officer Hatch to stop. As the bandit ran, Hatch fired and the bandit fired twice at Hatch. At the same time, Officer Cudahy of the radio car handcuffed Chavez. Calderan was subsequently arrested and duly convicted along with Chavez and appellants.