People v. Lyons

California Court of Appeal Jun 24, 1970 No. Crim. 7779Published

Before: Jefferson

AI Brief

AI-generated · verify before citing

Holding. The court affirmed the defendant's robbery conviction, holding that the Escobedo-Dorado rules and the Wade-Gilbert rules regarding counsel do not apply retroactively to this case, and that the defendant waived his right to challenge the legality of the search and seizure by failing to raise the issue at the trial level.

Issues

Whether the Escobedo-Dorado rules regarding the right to counsel apply to reinstated appeals.
Whether the Wade-Gilbert rules regarding counsel at lineups apply to lineups conducted before June 12, 1967.
Whether a defendant may raise an objection to a search and seizure for the first time on appeal.

Disposition. affirmed

Quotations verified verbatim against the opinion

“Showups conducted before that date in which defendants did not have the assistance of counsel ‘threaten to be of significant quantity’”

“Since the point was not raised at the trial level, the prosecution was deprived of the opportunity of justifying the actions of the arresting officers.”

Opinion

JEFFERSON, Acting P. J.

A jury found defendant guilty of robbery in the second degree in violation of section 211 of the Penal Code. Probation was denied and defendant was sentenced to state prison for the term prescribed by law, the sentence “to run consecutively to any time owed.”

Defendant appealed from the judgment of conviction. The Court of Appeal of the State of California on June 4, 1962, filed its opinion affirming the judgment of conviction. On December 5, 1969, defendant moved this court for an order recalling the remittitur, reinstating his appeal and appointing counsel in order to comply with

Douglas

California,

372 U.S.

[60]

353 [9 L.Ed.2d 811, 83 S.Ct. 814], and it was so ordered. We now reconsider his appeal.

The facts, viewed in the light most favorable to the People, are as follows: On the afternoon of December 23, 1960, Jerome Buteyn, Jr., the operator of Jerry’s Liquor Stores, was tied up by two men and robbed of $800. Mr. Buteyn freed himself of his bonds and saw the two men departing in a car that had been parked in front of the office. He then reported the robbery and the license number of the car to the police.

On January 5, 1961, defendant was arrested. During the course of the arrest Officer Keith Ethell found a parking ticket and business reply envelope addressed to the Santa Monica Municipal Court under a mattress of a bed in an upstairs bedroom. The ticket was dated December 21, 1960, and bore the inscription “License Number JHB-125.” This was the same as the number of the license on the car used by the robbers to flee the scene of the robbery. It appeared from the face of the ticket that it was given to a vehicle parked on the west side of 18 th Street in the 1400 block in Santa Monica. At the time of arrest, Officer Ethell determined that defendant’s mother was living at 1433-18th Street, Santa Monica, which is in the same block as the site of the parking violation.

After defendant’s arrest, Mr. Buteyn immediately recognized and identified him as one of the robbers in a lineup of about eight men at the police station. Approximately one month later a 1953 Mercury station wagon with the license number JHB-125 was located in a garage in the City of Venice.

People v. Lyons

AI Brief

More from California Court of Appeal

Related research

AI Brief