People v. Renteria

McCOMB, J. Defendant appeals from a judgment finding him guilty of six counts of robbery.

Facts: Defendant personally and all counsel waived jury trial.

By stipulation of all counsel, the cause was submitted on the testimony contained in the transcript of the proceedings had at the preliminary hearing, subject to the court’s rulings, with each side reserving the right to offer additional evidence.

All stipulations entered into at the preliminary hearing were deemed entered into in the proceedings herein; and it was further stipulated that all exhibits received at the preliminary hearing were deemed received in evidence subject to the court’s rulings.

The trial court found defendant guilty on all six counts of robbery and also found that he was armed at the time of five of the robberies.

Questions: First. Was there evidence to sustain the trial court’s finding that defendant had suffered four prior convictions ?

No. The record discloses that the People offered proof of only three of the alleged prior convictions and expressly refrained from offering any proof of another alleged prior conviction, to wit, a burglary conviction suffered in Shasta County on January 2, 1951. Therefore, there having been no proof offered or received as to this alleged prior conviction, the finding that defendant was guilty thereof must be stricken from the record.

Second. Was there substantial evidence to sustain the trial court’s finding that defendant was guilty of robbery under the second count of the information, which alleged that defendant did “by means of force and fear take from the person, possession and immediate presence of Betty Sandlow the following described personal property, to wit: Forty-four Dollars ($44.00), in money . .

Yes. The evidence discloses that defendant entered a liquor store owned by Betty Sandlow, with a gun and a paper bag in his hands and, with the gun pointed at the clerk, told him to fill the bag. The clerk complied with defendant’s demand, and put $25 or $30 in the bag. Betty Sandlow was in the store at the time.

At the trial the clerk was asked if he was in fear that defendant would use the gun, and he said, “No, I didn’t have any fear of him. ’ ’

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