People v. Renier

[517]

SCHOTTKY, J.

By an information numbered 21517, filed on April 11, 1956, appellant was charged with the robbery of Thomas Gonzales, occurring on March 22, 1956. In a second information, numbered 21518, also filed on April 11, 1956, appellant was charged in Count 1 with a violation of section 503 of the Vehicle Code (theft and unlawful driving or taking of a vehicle), occurring on March 22, 1956, and in Count 2 with the offense of burglary, occurring on March 22, 1956.

On April 17, 1956, after arraignment on the first information and a plea of not guilty, the matter was set for trial on May 8, 1956. Also on April 17, arraignment on the second information was had. After further hearings on a mo'tion to dismiss under section 995 of the Penal Code, and on April 30, the court denied the motion to dismiss as to Count 1 on the violation of section 503 of the Vehicle Code and granted the motion as to Count 2. Upon a plea of not guilty as to Count 1, the matter was set for trial on May 8, 1956.

Over appellant’s objection and after a hearing on this point, the court ordered the consolidation of both informations for trial. The trial proceeded on May 8th and 9th, and appellant’s motion for mistrial based upon improper consolidation of informations was denied. The jury rendered its verdict of guilty as to both informations. Appellant’s motions for probation and for a new trial were denied and judgment was pronounced. Appellant appeals from the judgment and from the order denying his motion for new trial.

According to the evidence a Mr. Gonzales was robbed by four youths on the corner of 8th and U Streets in Sacramento at about 9:45 p. m. on March 22, 1956. One of the youths held Mr. Gonzales’ arms and placed a sharp object against his side while another youth confronted Mr. Gonzales with a .410 gauge shotgun pistol. Mr. Gonzales described the individual who held his arms as wearing gloves, levis and a red jacket, and identified appellant as that individual. The youths took Mr. Gonzales’ wallet which contained 15 cents.

The appellant and the three youths, Butcher, Helton and Gilbert, had gone to Hyde, California, during the day of March 22, 1956, and while visiting the Houston household Butcher stole Mrs. Houston’s .410 gauge shotgun pistol and shells.