People v. Davis

FOURT, J.

This is an appeal from a judgment of conviction of robbery and assault with intent to commit robbery.

In an information filed in Los Angeles on September 29,

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1966, Ralph Davis (appellant) with Harry Princeton Henderson as a codefendant was charged in count 1 with robbing Donald Reid of certain personal property on August 8, 1966; in count 2 with robbing Oscar Bright of certain personal property on August 8, 1966; in count 3 with robbing George Blassingame of certain personal property on August 8, 1966; in count 4 with committing an assault upon Donald Reid with the intent by means of force to take personal property from the possession of Reid. It was further separately alleged in each count that defendants at the time of the commission of the respective offenses were armed with deadly weapons, namely, a pistol and a rifle.

In a jury trial Henderson was found guilty as charged; he appealed and the judgment was affirmed by this court. (People v.

Henderson,

260 Cal.App.2d 94 [67 Cal.Rptr. 111], hearing before Supreme Court denied May 9, 1968.)

The jury failed to agree with reference to Davis (11 to 1 for conviction) and a mistrial was declared as to him. In the subsequent trial Davis was found to be guilty of robbery in the first degree and armed as charged and was sentenced to the state prison on counts 1, 2 and 3 for first degree robbery. Both a motion for a new trial and for probation were denied. The sentence as to count 4 was stayed pending an appeal as to count 1; if the judgment is affirmed in the appellate court, the stay as to count 4 is to become permanent. The sentences as to counts 1, 2 and 3 were ordered to run concurrently. A timely notice of appeal was filed.

A résumé of some of the facts is as follows: Reid on August 8,1966, had about $1,650 in cash in his possession and went to Dee’s Cafe where in the course of events he invited George Blassingame and Oscar Bright to come to his home in the San Fernando area. Blassingame and Bright apparently accepted the invitation for they arrived at Reid's home at about 8:30 p.m. Reid and his two guests were about to have a drink when there was a knock at the front door. Reid went to answer the knock at the door and when he opened the door, the screen door was suddenly pulled open and two men wearing stockings over their heads, entered and told everyone to hit the floor. One of the men had a rifle and the other had a pistol. One said, “This is a stiekup. ... We want what you got.” Reid replied in effect that no one there had anything of value whereupon he was hit upon the side of his head. Blassingame and Bright supposedly buried their heads in the couch upon which they previously had been sitting. Their wallets were