People v. Phillips

Opinion

GILBERT, P. J.

California employs the M’Naghten test for insanity. an must ing the nature of his or her act, or distinguishing right from wrong. Here we conclude that the test for idiocy is the same.

Charles Phillips was found guilty of second degree robbery. (Pen. Code, § 211.)

1

The jury also found that a principal in the robbery was armed with a firearm. (§ 12022, subd. (a)(1).) * Phillips contends he cannot commit a crime because he is an idiot within the meaning of section 26. [[/]]* We affirm.

[[/]]

*

Facts

On August 16, 1998, Phillips and Lacey Harris entered a 7-Eleven store on West Pico Boulevard. At 4:30 a.m. the store clerk, Surinder Kumar, was

[172]

in front of the counter. Harris hit Kumar on the head with a handgun and ordered him to open the cash registers. Harris removed $70 from one register and $25 to $35 from another register.

Phillips said he wanted beer. Harris held the gun to Kumar’s back and the three of them went to the refrigerator. Harris and Phillips took a case of malt liquor.

Harris told Phillips to search Kumar’s pockets for money. Phillips took $10 from Kumar’s pocket.

Harris ordered Kumar to give them food stamps. Phillips said he wanted cigarettes. Harris and Phillips took six or seven cartons of Camel cigarettes. Kumar gave them food stamps.

Harris and Phillips left the store and Kumar summoned the police. After a high-speed chase, Harris lost control of the car.

In the car, the police found a fully loaded gun, a case of malt liquor that was still cold and cartons of cigarettes. The police also recovered cash and food stamps from Harris and Phillips. Kumar identified Harris and Phillips. Harris confessed to the robbery and assault. The incident was recorded by the store’s security camera.