People v. Ambriz

WOOD, P. J.

—Defendant was accused of armed robbery. He admitted allegations of the information that he had been convicted previously of two felonies (discharging firearm at inhabited dwelling; escape). In a jury trial, he was found guilty as charged. He appeals from the judgment and from the order denying his motion for a new trial.

Appellant contends that it was prejudicial error to receive certain evidence in rebuttal.

On March 12, 1967, about 5 p.m., Mr. Corbett, an employee in a liquor store in Norwalk, saw the defendant “walking around” the store building, and saw him peek in a window approximately five seconds. Mr. Corbett went outside the store, and saw a ear leave. He obtained the license number and a description of the car.

About 6 p.m. on said day the defendant went into the store “quite fast,” pulled a gun from his pocket, pointed it at Miss DiGiaeomo, an employee who was at the cashier's desk, and said, “Give me the money.” She opened the cash register and gave him a $10-bill. He said, “Give me the fifty.” She replied that she did not have a fifty-dollar bill. He said, “Give me the fifty.” When she again said that she did not have a “fifty,” he said, “Yes you do.” He took all the bills and change from the cash register. Miss DiGiaeomo testified that the register contained between $30 and $35, consisting of one $10-bill, two or three $5-bills, and about ten $l-bills. After defendant had taken the money, he said: “Don’t move. Just stand there.” He left the store, and she told Mr. Corbett, who was in the rear of the store, to call the police. About 30 minutes before defendant entered the store, Miss DiGiacomo had received a $50-bill from a customer, and she had not put the bill in the cash register.

Miss DiGiaeomo testified, on the People’s case in chief, that defendant was the man who robbed her; that she saw “very distinctly” a tattoo on defendant’s left hand during the robbery when the defendant used that hand in taking the money from the register. She identified defendant on two occasions at the police station and he then had the “same tattoo.” During the robbery she also noticed his hair, moustache, general appearance, and build.

About 6:05 p.m. Officers Quintana and Ostermeier, who were

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