People v. Sullivan

KINGSLEY, J.

Defendants Sullivan and Brown were accused of robbery (Pen. Code, § 211) while Brown was armed with a deadly weapon (count 1). Brown was also accused of kidnaping for the purpose of robbery (Pen. Code, § 209) (count 2). A prior felony conviction (a violation of Pen. Code, § 487, subd. 2) was alleged against Brown and was admitted.

After various procedural steps not now material, the case

[230]

was tried before a jury, resulting in a verdict of guilty against both defendants on- the robbery count (with a finding that defendant Brown was armed at the time of the offense), and a verdict of

not guilty on the

kidnaping count. The proceedings against Sullivan were suspended and he was granted probation for 10 years, on condition that he serve one year in the county jail and pay a fine of $250; Brown, having made t'i motion for new trial, withdrew that motion, probation was denied and he was sentenced to state prison, his term to run concurrently with another sentence.

Both defendants have appealed; we affirm both judgments.

On February 1,

1966,

at

4:15

p.m., Robert Cable, a store manager for Safeway Stores, was ok-aying checks when he was handed a note by Brown, which read: 1 ‘Have that safe open in one second.” Brown had a revolver. Cable had noticed Brown a few seconds before standing -alongside the check okaying station.

Cable opened the safe and Sullivan pulled the safe door open and pulled out a bag of coins. Brown asked Sullivan if he got cash and Sullivan said, “no.” Brown -asked Sullivan if he got “general” and Sullivan said “yes.” Sullivan removed $700 in quarters and began to leave the store. Brown told Cable, “go with me,” and after reaching the first check stand, Brown told Cable to go back. Cable saw Brown enter the driver’s side of a Cadillac that had a damaged right rear fender and bumper. Robert Beaver, a box boy at Safeway, noticed Brown and Sullivan in the store at the meat department, the produce department, and at the checkout stand buying a frozen chicken pie. His attention was drawn to the defendants because they had nothing in their hands or in a cart, and were standing -around. A few minutes later Mr. Beaver saw Sullivan walk past him with a Bank of America bag 'in his hand. Mr. Beaver became suspicious, followed Sullivan and observed him enter the passenger side of a black ’58 Cadillac with back right bumper damaged. Beaver saw Brown enter the other side of the car. Beaver then told Cable, the license number of the Cadillac!