People v. Lang

SHINN, P. J.

Appellant was convicted in a jury trial of robbery in the second degree and attempted robbery. Upon trial of his plea of not guilty by reason of insanity to a jury he was found sane. He was also found to have suffered a prior conviction for which he had served a term in prison. He made a motion for a new trial, which was denied and he appeals from the judgment and order.

Upon application of appellant this court appointed Warren White, Esq., member of the Los Angeles Bar Association Committee on Criminal Appeals, to represent appellant and to report to the court whether, in his opinion, the record discloses any meritorious ground of appeal (see

People

v.

Dodd

(October 16, 1952), 113 Cal.App.2d 682 [248 P.2d 965]). A report has been received which summarizes the case on appeal and expresses counsel’s opinion that no meritorious ground of appeal exists. From our independent study of the record the following facts appear: Defendant was accused of robbing Geraldine R. Dugan, a Western Union clerk, of $29. The robbery took place in the office of the company at about 3 o’clock p.m.; defendant had his right hand in his

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coat pocket and said: “This is a stick-up,” and demanded money, which was given to him; Mrs. Dugan later identified the defendant in a lineup of prisoners at the county jail three or four days after the robbery. Upon cross-examination she testified at length as to the characteristics of defendant which enabled her to identify him. There was no uncertainty in her identification. Raymond A. Neville, a night clerk at the Embassy Hotel, in Los Angeles, testified that at about 1 o ’clock a.m. the defendant appeared at the office of the hotel, put his hand in his right hand pocket and said: ‘ ‘ This is a stickup. Give me your money.” Neville picked up a metal stapling machine, pointed it at the defendant and said: “You beat it or I will blow your brains out, ’ ’ whereupon defendant ran out and Neville followed him. About 10 minutes later defendant was arrested, brought back to the hotel and was identified by Neville. There was no uncertainty in Neville’s identification. Defendant was arrested three or four blocks from the Embassy Hotel. One of the arresting officers testified that defendant said he did not use a gun, but that he put his wallet in his right front coat pocket and made it simulate a gun. Defendant had a wallet in his right coat pocket. Defendant testified that he had no clear recollection of what he had been doing when the Western Union office was robbed, although he denied having been in that office. He admitted having been at the Embassj, Hotel, claimed that he had taken two drinks in the lobby of the hotel, and that he "came to ’ ’ several blocks away in a filling station, where he was arrested. He admitted having run away from the hotel when the clerk came toward him with what he thought was a gun. He testified that he was employed at that time as a mixer of paint and lacquer and was not in need of money. The evidence was legally sufficient to justify the verdicts of guilty.