People v. Levine

[207]

entered following a nonjury trial that resulted in his conviction of the crimes of robbery, two counts, and assault with intent to murder, one count. The matter was submitted upon the transcript of appellant’s preliminary hearing and no evidence was presented by way of defense. The evidence of appellant’s guilt is conclusive. It was not challenged in the court below and is not disputed on this appeal.

Appellant contends (1) that his pre-arrest identification was improper in that it failed to comply with the rules enunciated in

United States

v.

Wade,

388 U.S. 218 [18 L.Ed.2d 1149, 87 S.Ct. 1926], and

Gilbert

v.

California,

388 U.S. 263 [18 L.Ed.2d 1178, 87 S.Ct. 1951], and

Stovall

v.

Denno,

388 U.S. 293 [18 L.Ed.2d 1199, 87 S.Ct. 1967]; and (2) that, insofar as the sentence imposed herein is intelligible, it appears to subject him to double punishment in violation of Penal Code section 654.

Appellant’s initial contention is wholly without merit. At about 3:50 a.m. on November 16, 1967, appellant, at gun point, robbed both Henry Hall, the owner of a gas station in Los Angeles, and his employee, Cornelius Jones. As appellant was leaving the premises, Hall reached for a gun. Appellant saw this movement and in the ensuing battle Hall was shot three times and appellant was struck in the head by Jones with a bottle. Appellant’s head bled freely with blood falling onto the ground and onto the money clutched in appellant’s hand. Appellant dropped his gun which was picked up by a fireman who chanced upon the scene. Although told by the fireman to remain on the premises, appellant wandered off down the street.

The police arrived within minutes after the encounter and obtained a description of appellant. However, it only proved necessary for the officers to follow the trail of blood for about % of a block before they came upon appellant, still bleeding. They returned him to the station where he was identified by Jones who then accompanied appellant and the officers to the station to complete the arrest report and booking process.