People v. Baldwin

FOX, P. J.

In an information defendant was accused of (1) kidnaping John Thomen, in violation of section 207, Penal Code; (2) robbing him, in violation of section 211; and (3) robbing Bob E. Bradley. It is further alleged, with respect to the latter two counts, that defendant was armed with a deadly weapon. Defendant plead not guilty.

On September 18, 1959, an amended information was filed charging defendant with kidnaping John Thomen for the purpose of robbery, in violation of section 209 of the Penal Code. This charge was substituted in place of Count I in the first information. Defendant entered a plea of not guilty to each count. He was tried by a jury and found guilty on each count in the amended information. The jury also determined that he had been armed with a deadly weapon at the time of his commission of the offenses alleged in Counts II and III. Defendant’s motion for a new trial was denied. He has appealed from the judgment and the order denying his motion.

Around midnight of April 9, 1959, defendant hailed a taxicab on Hollywood Boulevard driven by John Thomen. Defendant gave the driver an address in the 4500 block of

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Santa Monica Boulevard, stating that he was going to a small hotel. Upon arriving, it was discovered that there was no hotel in that block. Thereupon defendant placed a note upon the front seat of the cab and told Thomen to read it. Thomen turned the light on and read it. The note was as follows: “Don’t try to be brave. This is a holdup. Just give me your money.” Thomen turned around and was confronted with a gun in defendant’s hand. He said, “Give me your money.” The cab driver gave him approximately $5.00, stating that was all he had. Defendant indicated that was not enough. He told the cab driver he would have to help him hold up another place, and directed Thomen to the Hollywood Hotel, around the 5500 block on Hollywood Boulevard. It was locked, and the clerk would not let them in. Defendant then directed the cab driver further down the street to the Coronet Motel. The clerk there opened the door and let them in. Defendant informed the clerk that this was a holdup. Defendant directed Thomen to take the money out of the till, which he did. Defendant also commanded the clerk to hand over his wallet, from which defendant extracted a few dollars. He said to the clerk, “Don’t call the police for 20 minutes or otherwise there is going to be a dead cab driver.” Defendant then directed the cab driver to take him to 5th and Wall Streets, which is only two or three blocks from the Greyhound Bus Depot. Upon arriving there, they observed the presence of police, and defendant directed the cab driver to 8th and Hill Streets, and then back again. Upon their return, the police were gone, so defendant said to the cab driver, “Drive about two or three blocks straight ahead and then you are on your own. ” Defendant jumped out of the cab. The cab driver had a good opportunity to look at the defendant and there was no question in his mind as to his identity. Bradley, the motel clerk, was also positive in his identification of defendant. Both of these witnesses observed defendant at close range and in good light.