People v. Hickok

BARNARD, P. J.

The defendant was charged with the crime of robbery and, in a second count, with the crime of robbery while armed with a deadly weapon. A prior conviction of robbery in the first degree in the Superior Court of Fresno County in March, 1946, was also alleged. An attorney was appointed to act as his counsel. He pleaded not guilty as to both counts of the information, but admitted the prior conviction. After a trial a jury found him guilty

[833]

of robbery on both counts, fixing the degree as second degree on the first count and as first degree on the second count. His motion for a new trial was denied and he was sentenced to prison on each count, the sentences to run consecutively. He has appealed from the judgment and from an order denying his motion for a new trial.

Annette LaRue, who was appointed by this court to represent the defendant on this appeal, has filed an able report with a complete review of the record and expressing the opinion that no valid grounds for appeal appear.

(People

v.

Dodd,

113 Cal.App.2d 682 [248 P.2d 965];

People

v.

Sutton,

115 Cal.App.2d 751 [252 P.2d 633].) In fairness to the defendant, this report sets forth and discusses the points which the defendant desired to have raised.

After reading the entire record we agree with counsel’s conclusion that no reversible error appears. The two counts of the complaint relate to the robbery of a grocer in Fresno on the morning of November 9, 1951, and the robbery of a bakery employee in Fresno on the evening of the same day. The fact of the robbery was clearly established with respect to each count, and in each instance the victim positively identified the defendent as the robber. There was no evidence which could tend to raise any doubt as to either incident, other than the defendant’s testimony that he did not commit either of these robberies. An unsuccessful attempt was made to establish an alibi, but on cross-examination the defendant testified that he could not remember whether or not he was in Fresno on the day in question.