People v. Hall

TYLER, P. J.

Appellants were charged by information with the crime of robbery. Each defendant pleaded guilty of the offense charged and they were sentenced to the state’s prison for the period prescribed by law. On the

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date set for the pronouncement of judgment, a hearing was had by the trial court under the provisions of section 1192 of the Penal Code, to determine whether the defendants were guilty of robbery in the first or second degree, as the charging language of the information did not allege facts sufficient to bring the offense definitely within the scope of the statute defining first degree robbery.

It appeared on the hearing that they had entered the office of a Dr. Long, and robbed him of the sum of $206 and other personal property. After committing the crime they tied their victim with a rope and departed. Appellant Russell was captured a few moments later and a revolver and blackjack were found upon his person, together with the stolen property. Appellant Hall was arrested shortly thereafter and he admitted to the arresting officers that he participated in the robbery and further that he was armed at the time with an automatic pistol loaded with seven bullets. Both defendants denied that they had exposed any deadly weapon during the commission of their act. At the conclusion of the hearing the court found both defendants guilty of robbery in the first degree.

Appellants claim that the trial court committed error in finding that they were armed with a dangerous or deadly weapon in perpetrating the offense to which they pleaded guilty, and that the crime committed by them was therefore robbery in the second degree. This contention is based upon the claim that the weapons were not exposed to the victim at the time of the perpetration of the crime. As above stated, the evidence showed that both defendants were armed with a revolver and that in addition thereto one of them was possessed of a blackjack. Whether or not they exposed these deadly weapons in order to carry out their criminal act is of no consequence. The fact that they had them in their possession available for immediate use is sufficient to bring the case within the statute. “Armed” with a dangerous weapon means furnished or equipped with weapons of offense or defense.