People v. Woods

FOURT, J.

—This is an appeal from a judgment of conviction of armed robbery.

[729]

In an information filed in Los Angeles on July 29, 1965, defendant was charged in count 1 with participating with James Arthur and Richard Brown in robbing Van Alexander of $85 on or about June 23, 1965, in count 2 with participating with James Arthur and Richard Brown in robbing Emanuel Stahl of certain clothing of the value of $90. It was further charged in each count that at the time of the commission of the offense said defendants were armed with deadly weapons, namely, a sawed-off rifle and an automatic pistol. Each of the codefendants pleaded not guilty. At the first trial, the judge ruled, out of the presence of the jury, that certain statements of defendants appeared to be voluntary and that defendants had been properly advised of their constitutional rights under the

Dorado

rule. The jury was deadlocked and a mistrial was declared. The motion of Woods on January 10, 1966, to sever his trial from that of his codefendants was granted. At the second trial Woods waived a jury trial and was found guilty of first degree armed robbery as charged in each count. He was sentenced to the state prison on each count, the terms to run concurrently. A timely notice of appeal was filed.

A résumé of some of the facts is as follows:

(Count

1) Joel Avant and Vanet Alexander, employees of a service station on Compton were on duty about 9 a.m. June 23, 1965, when Avant noticed two Negro men walking from the station restroom. Avant identified defendant as one of the two men. The employees at the station were changing shifts and Avant and others were handling money. Avant looked to his left and saw an automatic weapon, and Arthur, who was with defendant, said, “this is it, fellows.” Arthur repeated the statement and directed Avant to back up and upon obeying he (Avant) noticed that defendant was pointing what appeared to be a “cut off” rifle in the direction of Avant and the other employees. Alexander also saw the sawed-off rifle as well as the automatic pistol held by Arthur. Arthur directed an attendant to put the money in a bag and there was a compliance, the attendant was then told to put the money-changer maker which he wore on his belt into the bag. Arthur told defendant to put his gun down and back up and defendant obeyed the instruction, Arthur told Avant, Alexander, and an attendant to empty their pockets and they did so. Alexander dropped about $80 of service station money to the ground and Arthur picked it up. Alexander believed that it was defendant who took the bag with the money in it. Arthur