People v. Johnson

DUNN, J.

Following a trial by jury appellant was found guilty of felonies committed October 18, 1967. Under the third and fourth counts of the information filed against him he was found guilty of violating Penal Code section 211 for the armed robberies of Robert R. Gulley and John Bogosian, Jr., respectively, the offenses being fixed as of the first degree. Under counts V and VI he was found guilty of violating Penal Code, section 245 for assaults with a deadly weapon upon John Bogosian, Jr., and William Olney. (The first count against him was dismissed and he was found not guilty of the second count, each' relating to the unlawful taking or use of an automobile occurring October 5,1967.)

The first point on appeal is that evidence does not support his conviction under count IV for the armed robbery of John Bogosian. The facts are simple enough. On October 18, 1967, appellant and another individual drove into a service station in Montebello in a stolen Chevrolet automobile. Appellant got out of the passenger side and walked into the gas station where he pointed a pistol at Robert Gulley, demanded and took from him money. While he was doing this the driver of the ear similarly pointed a pistol at John Bogosian, Jr., and took his wallet. Appellant ran from the station and got into the automobile which sped away. As it did so, a shot was fired at Bogosian by the driver of the car.

It is appellant’s claim these armed robberies were independently committed' and there is no evidence to show any connection between appellant and the crime of his companion who robbed Bogosian. Under Penal Code section 31 appellant may be considered a principal if he aided and abetted commission of a crime. The circumstances recited were sufficient to leave this for determination by a jury

(People

v.

Lodge

(1963) 212 Cal.App.2d 410, 412-413 [28 Cal.Rptr.

5]; People

v.

Blanks

(1964) 229 Cal.App.2d 310, 312-313 [40 Cal.Rptr. 223]) and the jury’s finding of guilt is well supported by evidence.

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