In Re Tyrone B.

58 Cal.App.3d 884 (1976) 130 Cal. Rptr. 245 In re TYRONE B., a Person Coming Under the Juvenile Court Law.

WILLIAM MULLIGAN, as Chief Probation Officer, etc., Plaintiff and Respondent,

v.

TYRONE B., Defendant and Appellant.

Docket No. 37663. Court of Appeals of California, First District, Division Two.

June 4, 1976. [885] COUNSEL

Benjamin R. Winslow, under appointment by the Court of Appeal, for Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, Robert R. Granucci and J. Patrick Collins, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

ROUSE, J.

Tyrone B., a minor, appeals from an order committing him to the California Youth Authority after he was found guilty of [886] attempted armed robbery, in violation of sections 211a and 663 of the Penal Code; assault with intent to commit murder, in violation of section 217 of the Penal Code; and murder, in violation of section 187 of the Penal Code.

Appellant's sole contention on appeal is that the evidence was insufficient as a matter of law to support a finding that he was guilty of murder. We have concluded that this argument is without merit.

The evidence establishes that appellant spent the later afternoon and evening of January 6, 1975, with several companions. A considerable amount of alcohol was consumed and marijuana was smoked. During the course of the evening, one Tony F. broached the subject of robbery, stating that he had robbed a 7-11 Store in the past and wanted to do so again. The other members of the group attempted to talk Tony out of any such undertaking. However, Tony was not to be dissuaded, and at approximately 1 a.m. on the morning of January 7, appellant and two others, Bill F. and Terry G., agreed to help Tony rob a 7-11 Store in Santa Rosa. Bill produced a knife and a shovel handle which could be used as a club, and at approximately 2:30 a.m., the foursome drove to a bowling alley located near the 7-11 Store. At the bowling alley, the group finalized their robbery plans and agreed that Tony and another would enter the store, while the other two members of the group remained outside, one to stand near the store and act as a lookout and one to remain at the wheel of the getaway car. Of the two who were to enter the store, one was to threaten the clerk with the shovel handle and demand the money in the cash register, while the other was to take some beer and potato chips and, if necessary, threaten the clerk with the knife.