People v. Sierra

MUSSELL, J.

Defendant, Frank M. Sierra, and Albert Sequieros were charged with the crime of armed robbery. The information also charged defendant Sequieros with three prior felony convictions. A jury trial was had and Sierra was found guilty of robbery in the second degree. He appeals from the judgment of conviction on the sole ground that the evidence is insufficient to support the judgment in that he was acting under such fear from the threats of his codefendant that the acts which he committed were in fact not his acts but those of his codefendant. Defendant Sequieros was found guilty of robbery in the first degree and has not appealed from the judgment.

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On February 23,1952, Frank Sierra, Albert Sequieros and Carolina Ruiz, the common law wife of Sequieros, drove in an automobile belonging to Sequieros to the home of Cruiz Ramirez near Huron in Fresno County. Ramirez testified that the defendants asked him to show them the way to Huron; that he got in the front seat of Sequieros’ car with defendant Sierra and Carolina Ruiz; that Sierra proceeded to drive toward Huron; that he stopped at an intersection a few miles out on the road and Ramirez, perceiving that the driver was about to turn off the Huron road, attempted to get out of the car; that thereupon Sequieros, who was in the rear seat, “put a knife to his (Ramirez’) neck” and told the driver in Spanish to drive “on and fast”; that Sierra then proceeded on a side road for about a mile and stopped near a cotton field; that Sequieros (the man in the back seat) said “let’s search him and see what we can find on him”; that the “lady” took his money (about $20) out of the pocket of his sweater; that defendant Sierra took the witness’ shoes off, searched them for money, and threw them away; that the defendants then left in the car.

Frank Sierra testified that he was driving the car and Sequieros was in the back seat; that he slowed down and stopped at the intersection on the road to Huron; that Sequieros then “put a knife on Cruiz’ throat,” told him to keep quiet and ordered Sierra to keep on driving; that when they reached the cotton field Sequieros ordered Sierra to stop and ordered his wife to take the money; that Carolina searched the complaining witness and took his wallet and change; that Sierra, on orders from Sequieros, also searched the complaining witness, took his shoes off and threw them in front of the ear; that he then drove away with Sequieros and his wife.