People v. Harris

Opinion

BRAY, J.

*

Defendant appeals from a judgment, after jury verdict, convicting him of second degree robbery.

Questions Presented

1. The lineup was not unnecessarily suggestive.

2. No immaterial or irrelevant evidence was introduced.

3. The court’s ruling as to examination of defendant if he took the stand was proper.

Record

Defendant was charged with violation of Penal Code section 211 (robbery). At the trial a hearing was had outside the presence of the jury and defendant’s motion to have the identification evidence excluded because he claimed the lineup was unfair was denied. It was stipulated that defendant had waived his right to have an attorney present at the lineup. The jury found defendant guilty of second degree robbery and sentenced him to state prison for the term prescribed by law.

Facts

On March 25, 1970, about 9:45 p.m., three black men walked into the Handy Pantry store in Sacramento. Working in the store were Rodney Ramsey, the owner’s son, age 14, and Randy Pimm. One of the men was wearing a white scarf on his head, a jacket and bright yellow pants. He told Rodney that it was a holdup. Rodney later identified defendant as the man who did all the talking. Pursuant to directions from defendant Rodney put

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the contents of the cash register in a bag and turned over to defendant a bundle of money orders from a drawer. Rodney and Randy were ordered into a back room and told to lie on the floor for five minutes. When they reached the front of the store, the robbers were gone. Rodney gave a description of defendant to a passing policeman.

The day after the robbery Rodney was shown photographs of possible suspects. He picked out one as showing a man who looked like the robber. It was not a picture of defendant.

Two days after the robbery William Smart was at a home where defendant and Janice Wright were present. Defendant asked Smart to give them a ride to the store so Janice could cash a check. Failing to cash it at Safeway, Smart took defendant and the girl to the Handy Pantry market. A clerk there testified that on that day a black female attempted to cash a Handy Pantry money order made out to Stella Wilson. (That girl was Janice Wright.) She said her name was Stella Wilson and used a medical identification card with that name on it. The store manager decided there was something wrong with the money order and refused to cash it. When Janice left the store, the manager checked the license number of the car in which she was riding. It was a Chevrolet and had two males and Janice in it. He called the police. Later at a different location Officer Davis spotted the car from the description given over the air. Occupying the car were Janice, defendant and William Smart, all of whom were taken into custody. Defendant had to be forcibly restrained after he struck one of the police officers. Defendant was then wearing a yellow jacket and some bright yellow pants. A medical identification card made out to Stella Wilson was found in Janice Wright’s coat pocket.