People v. Wade

STONE, J. pro tem.

*

An information was filed by the district attorney of Orange County charging appellants with the crime of robbery, a violation of Penal Code, section 211. It was alleged that they used a loaded revolver to rob one Chester Holcomb of money. They entered pleas of not guilty and after a trial by jury each was found guilty as charged in the information. Each in propria persona filed a notice of appeal from the judgment and from an alleged order denying a new trial.

Defendant Wade failed to take any steps to perfect his appeal. By his notice he purported to appeal from an order denying a motion for a new trial as well as the judgment, but a review of the record fails to reveal any such motion or order. He did not file a brief or any type of memorandum nor did he make any appearance subsequent to filing his notice of appeal. The court, having reviewed the record in this case, as will hereinafter appear, does, pursuant to Penal Code, section 1253, order the judgment affirmed as to defendant Wade and the attempted appeal from the nonexistent order denying a motion for a new trial dismissed.

The appellant French made a request in writing to be represented by counsel and the court appointed the attorney who had represented him in the trial court to represent him on this appeal. The attorney filed the following statement in lieu of a brief:

“1. That he represented the said defendant and appellant, Raymond French at the trial of this action in the Superior Court of the State of California In and for the County of

Orange;

“2. That he is unable to conceive of any meritorious grounds whatever on which to appeal the said defendant’s case to the above entitled Court, and that he so informed the said defendant and appellant, as will appear in a copy of a letter annexed hereto.”

In response to the above statement of counsel the attorney

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general filed a memorandum rather than a brief, by which he reviewed the record of the case and concluded that no reversible error had been committed.

From the record it appears that the two defendants, together with a third man and a woman named Dicea Woodward, drove to the scene of the robbery. Dicea sat in the front seat of the parked ear with defendant Wade while two of the men walked up an alley to a service station where Chester Holcomb was on duty. The two men then robbed Chester Holcomb of a quantity of money. This occurred during the early morning hours and it is apparent Dicea sat in the car with Wade to allay the suspicions of the police or any curious passerby.