People v. Salcido

GRIFFIN, P. J.

Defendant appeals from a judgment of conviction after a jury verdict finding Mm guilty of three counts of armed robbery, in violation of Penal Code, section 211a. Counts one and three were alleged to have occurred on November 4, 1959, and count two was alleged to have occurred on October 26, 1959. In addition, defendant admitted a prior felony conviction for grand theft, for which he had served a term in a state prison.

The evidence relating to the offense charged as count two discloses that about 11:05 p.m. on October 26, 1959, James Sandoval was employed at Henry’s Liquor Store in Fresno. He was waiting on a customer when defendant entered. After the customer left, defendant approached Mr. Sandoval, who was standing next to the cash register, and said, “Give me the bills. Hurry up.” Mr. Sandoval observed that defendant

[686]

held a pistol, and opened the cash register. Defendant reached into the register and removed more than $79 in cash. While this was happening, two customers entered the store, but defendant told them to get out, and they left. Defendant ordered Sandoval to sit down and remain still for five minutes. Then defendant left. Mr. Sandoval later identified the robber in a police lineup at the city jail and again as the person wearing a brown sweater sitting next to the defense attorney at the trial.

The evidence discloses that the offenses charged in counts one and three occurred on November 4, 1959, at about 9 :20 a.m., at a drug store at 1445 Fresno Street. The proprietor, Mr. Cenci, had just opened his store when defendant and his partner, Jesus Esquivel, walked in. Defendant asked Mr. Cenci if he had anything for a toothache and Mr. Cenci obtained some medicine and returned to the counter. When Mr. Cenci returned, he observed that defendant had a pistol. At this time a customer, Mr. Sehiavone, entered the store. Defendant ordered Mr. Sehiavone and Mr. Cenci to enter a washroom in the rear of the store. Mr. Cenci was then ordered by defendant to empty his pockets and throw their contents on the floor. He did so. At defendant’s order, Mr. Sehiavone handed over his wallet to Esquivel who opened it and discovered that it contained only $2.00. Defendant then said, “Let him have it. He can keep it.” The wallet was thrown on the floor and Mr. Sehiavone and Mr. Cenci were locked in the washroom. After a short time they forced the door open and discovered that defendant and his partner were gone. Mr. Cenci discovered that $160 in cash and certain narcotics had been taken. Later, at a lineup, Mr. Cenci and Mr. Sehiavone identified defendant as one of the persons who robbed them.