People v. Sanchez

WARNE, J. pro tem.

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The appellant was convicted of robbery in the second degree. He appeals from the judgment and from a purported order denying a motion for a new trial.

The purported appeal from an order denying a motion for a new trial must be dismissed since the record reveals that no such order was made, nor does it appear that the appellant made such a motion.

On November 26, 1955, Zois Trilivas was residing in a hotel in the city of Sacramento. Between 8 and 8:30 p. m. on the evening of that day he left his hotel room and went downstairs to the El Toro Bar, where he met Sanchez, the appellant. After having two small beers, Trilivas was engaged in conversation by appellant, and they had a beer together. Trilivas paid for his own beer, and at that time appellant observed the amount of money in Trilivas ’ wallet, some $750. Appellant then told Trilivas that he had a couple of girls, and they left the bar and entered appellant’s car. Appellant then picked up the two girls, and the four went to another bar, where they remained drinking and dancing for two or three hours.

Sometime after midnight, appellant, Trilivas and the two girls drove to Land Park and parked. Appellant then got out of the car with one of the girls, and the victim remained in the car with Amelia Ortega, the other girl. After some conversation regarding an act of prostitution Amelia Ortega

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yelled to appellant who came over and pulled Trilivas from the car. Appellant and the two girls then beat Trilivas severely around the head and groin and took Trilivas’ wallet containing his money. Appellant and the two girls then drove off. Trilivas was later found in the park by the police and taken to the emergency hospital.

Appellant’s defense was that of an alibi; he and his brother and a bartender from the Gold Trail Bar in Reno, Nevada, testified that the appellant was in Reno at the time of the robbery. In rebuttal, the owner of the El Toro Bar and a woman employee thereof testified that appellant was in Sacramento at the El Toro Bar between 8 and 9 o’clock on the evening of November 26, 1955, and that appellant left the bar with Trilivas. Trilivas identified Sanchez as the man who robbed him.