People v. Amos

Opinion

KINGSLEY, J.

Appellant was charged with robbery, “use” of a firearm and it was alleged that he had suffered three prior felony convictions. He pled not guilty, denied the priors and his section 1538.5 motion was denied. Appellant was found guilty of attempted robbery in the second degree. The allegation concerning use of a firearm was found not to be true. Appellant appeals from the judgment of conviction.

About 3:45 a.m., near Hollywood Boulevard, Martin Smith flagged down two policemen to tell them he had been robbed by a man with a gun one-half hour before. He described the robber as a male Negro with black hair, brown eyes, between 25 and 30 years of age, about 5 feet 8 inches in height, and wearing a three-quarter length brown leather jacket. The robbery had taken place on the street close to the Roxy Motel. The police went to the motel and saw a man who might be the suspect, but Mr. Smith confirmed that this was not the man who robbed him.

The man told the police that he knew about the robbery, that it was committed about 45 minutes earlier. He said the robber was a man named Tony, that Tony lived in room 48 of the Roxy Motel, and Tony had committed another robbery with a gun earlier that evening. The man said Tony knew the police were there, and Tony might attempt to use the gun on the police. The man told Officer Hall, “You’d better watch out because Tony is crazy.” Smith told Officer Hall that during the robbery he heard a person call, “Tony,” and in his opinion the person was yelling to the robber. In Officer Hall’s opinion the victim’s statement and the man’s statements corroborated each other because the statements agreed as to the time of robbery, the place of the robbery, and the use of the gun.

Officer Hall and his partner went to room 48, heard some voices within, kicked in the door and arrested appellant. Appellant was taken to the police vehicle where Smith saw appellant and stated, “That is the man who robbed me.”

[566]

In describing the robbery Smith said he parked across from the Roxy Motel and got out of his car. He had planned to buy a book. Appellant pointed a gun at his neck and Smith tried to memorize appellant’s face. Smith pretended to be deaf and dumb, and then when people started walking on the street, Smith walked along with them. Smith walked into the motel, knocked on the door of a room and explained his situation to some occupants. When he looked down the hall he saw appellant. The occupants let Smith stay in their room and he could not call the police because the motel switchboard was closed. He hid there a half hour and then went out and found the police.