People v. Figuieredo

DORAN, J.

This is an appeal from the judgment, and from the order denying motion for a new trial.

Defendant was accused by information with two counts of robbery. Four prior felony convictions were also alleged. The four alleged priors were admitted. Following a jury trial defendant was adjudged guilty of both counts. Defendant, through counsel, moved for a new trial which motion was denied. Judgment was duly rendered whereupon defendant Sled in propria persona notice of appeal from the order denying the motion for a new trial and from the judgment.

The facts are characteristic of such offenses. As to Count I, John H. Lynch was the head clerk for Safeway Markets in Inglewood. Defendant entered armed with a revolver and took $800 from the safe. As to Count II, Joseph Bonelli operated a business in Huntington Park. At the time alleged Bonelli and an employee by the name of Norwood were held up by Hagan and robbed of $250. To describe in detail these robberies would serve no useful purpose. Hagan was identified by the victims.

It is contended by appellant and recited in appellant’s brief, “The following grounds of appeal are:

“ (1) That the defendant Hagan was improperly sentenced to two consecutive life imprisonments as an habitual criminal;

“(2) That prejudicial testimony was permitted by witnesses and by the remarks of the Deputy District Attorney, and statements made by the Deputy District Attorney, at the trial, which prejudiced the defendant’s rights and were contrary to the law of the case as decided in the case of

People

v.

Carl E. Figuieredo and William R. Hagan,

130 Cal.App.2d 498 [279 P.2d 200].”

As to the sufficiency of the evidence to support the judgment there is no question. Also the record reveals that the defendant was not denied a fair trial. However, as recited in respondent’s brief, “The contention that the defendant was improperly sentenced as an habitual criminal presents

[809]