People v. Poindexter

STEPHENS, J.

Defendant Poindexter was charged by information filed June 17, 1965 with a violation of Penal Code section 211 (robbery). Poindexter entered a plea of not guilty, waived right to trial by jury, and submitted upon the preliminary hearing transcript, subject to the production of further evidence by either side.

Poindexter testified following the trial judge’s reading of the transcript. The court found the defendant guilty as charged. Probation report was ordered, and hearing thereon and hearing on motion for new trial were calendared for November 9, 1965; at this time also, the degree of robbery and time for sentence were set. On that day, motion for new trial was denied, degree of robbery was fixed at second degree and Poindexter referred to the Director of Department of Corrections, under section 1203.03 of the Penal Code, for 90-day observation, and the matter continued to November 23, 1965. Thereafter Poindexter was accepted for the observation under section 1203.03 and sent to the California Institute for Men, further matters being set for February 28,1966.

Poindexter returned to court on February 15, 1966, at which time the section 1203.03 report was filed. Probation was denied, and sentence imposed to the state prison for the term prescribed, by law, with time theretofore spent in custody to be credited. On February 25, 1966, appeal from the judgment and from order denying motion for new trial was filed.

The Facts

A beer-bar fight occurred in the City of Los Angeles on May 20, 1965, with Poindexter one of the participants. Poindexter received facial cuts from a broken beer bottle used by another participant as an assault weapon. Poindexter struck Sandra Scott, the barmaid in charge of the place, and put her in fear of further harm. Poindexter took some $40 from the cash register, which was under the custody and control of the barmaid. The police arrived and placed Poindexter under arrest.

The argument on appeal is that there is no evidence that the money taken was that of the barmaid. It is conceded that Poindexter both took the money and assaulted the barmaid. The evidence is clear that the barmaid had the custody

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