People v. Wasley

11 Cal.App.3d 121 (1970) 89 Cal. Rptr. 418 THE PEOPLE, Plaintiff and Respondent,

v.

HAROLD CHESTER WASLEY, Defendant and Appellant.

Docket No. 5540. Court of Appeals of California, Third District.

September 4, 1970. [122] COUNSEL

George O. Brekke, under appointment by the Court of Appeal, for Defendant and Appellant.

Thomas C. Lynch, Attorney General, Edsel W. Haws and Carol Hunter, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

PIERCE, P.J.

An information was filed charging defendant with violation of Penal Code section 12021 (possession of a firearm by a convict). He had previously been charged and acquitted on a charge of armed robbery. (1) His assignment of error is multiple prosecution under Penal Code section 654. The contention is sound. Following are the facts: A service station was robbed. The operator phoned the California Highway Patrol and described the miscreants and their getaway vehicle. A radio call was broadcast. Three highway patrolmen who received it observed a vehicle answering the description. Defendant was driving the car. With him were two companions. The officers found a .22 caliber revolver in the car. Five shells fitting the revolver were found on defendant's person. Money allegedly stolen from the service station was found hidden in the car. The three were charged with armed robbery. All pleaded not guilty. Defendant was charged with four prior convictions — one in New Mexico in 1952; a second in 1955 for grand theft in Nevada County, California; a third in 1961 also in Nevada County, for issuance of checks with insufficient funds; and a fourth in 1965 in the City and County of San Francisco for possession of a deadly weapon. The two codefendants withdrew their not guilty pleas and were sentenced. Defendant was tried. During the trial evidence established [123]