People v. Wilkerson

NOURSE, P. J.

Defendant was charged with two "counts of robbery and a prior felony conviction. In the first jury trial the jury failed to agree on a verdict. On the second he was found guilty of robbery in the second degree on both counts. Motion for new trial was denied. Defendant appeals from the judgment and from the order denying a new trial.

Two gas stations in Berkeley were robbed on the night of January 29, 1954. In the first robbery the owner, Tony Cianciarulo, was accosted by a man with a gun who forced him to open the cash box and to hand over $10 from his own wallet, netting the robber approximately $92. The man then forced Mr. Cianciarulo to walk a short distance down a side street and left him. Mr. Cianciarulo returned to the gas station and asked a customer, who had just driven up, io go after the robber whom he saw getting into a car. The customer gave chase but lost the ear. He did not get the license number but saw the car well enough to describe it as a 1951 or 1952 two-door Chrysler, which appeared gray in color. His description fitted that of appellant’s ear except that the car was two-toned with an off-white bottom and bright blue top. Appellant also claims that the description of the location of the license plate did not coincide with the one on the rear of his car.

The second robbery occurred shortly after the first by a man dressed the same as the perpetrator of the first theft. He obtained approximately $25 from the attendant of the second gas-station.

[332]

Both victims identified appellant as the man who had held them up, first picking him out of a group of photographs and later identifying him in a lineup.

Appellant, who appeals in propria persona, makes no clear cut presentation of his grounds for reversal. However, it appears that his main contentions are:

(1) Insufficiency of the evidence to sustain the judgment.

(2) Error in admission of evidence resulting in the denial of a fair trial.

(3) Incompetence and negligence of his counsel and failure of the trial court to inform him of his right to personally take part in court proceedings under article I, section 13 of the Constitution, and section 686, Penal Code.