People v. Feggans

TRAYNOR, C. J. A jury found defendant guilty on two counts of first degree robbery (Pen. Code, § 211), and the trial court imposed consecutive sentences for the term provided by law. Defendant appealed, and upon his request the Court of Appeal for the First Appellate District appointed counsel to represent him. Counsel informed defendant and the court by letter that after tho'roug-h' study • of' the" record, discussion with defendant and hi's trial counsel," and research [446]on the legal points raised, he concluded there was no merit in the appeal. He requested and was given permission to withdraw from the ease. (See In re Nash, 61 Cal.2d 491, 495 [39 Cal.Rptr. 205, 393 P.2d 405].) The court gave defendant 30 days in which to file a brief. He filed an opening and a closing brief and the Court of Appeal affirmed the judgment in an opinion certified for nonpublication under rule 976, California Rules of Court. (People v. Feggans, 1 Crim. 5220.) Defendant filed a petition for hearing in propria persona, which we granted because it appeared that defendant had been denied the assistance of counsel on appeal required by Anders v. California, 386 U.S. 738 [18 L.Ed.2d 493, 87 S.Ct. 1396], We appointed new counsel to represent defendant in this court.

On December 23, 1964, Emmet Candland, the clerk in charge of a liquor store in Berkeley was robbed. He testified that the robber entered the store at 7 :30 a.m. and bought a package of gum. He left the store and returned at 8 a.m. At that time there was a customer in the store. The robber took a gun from a shoulder holster and told Candland to give him all the money in the store. Candland gave the robber $91 from the cash register and $208 from a back room. Another customer entered the store; the robber warned Candland and his customers not to telephone the police and then left. Candland started to telephone the police, but while the telephone was ringing the robber came back into the store, told Candland to get away from the telephone and warned the three men again. Candland decided to wait a short time before telephoning the police, and while he was waiting the robber entered the store again. This time the robber hit one of the customers on the head and took his wallet. The robber left again and did not return. The two customers testified to the same course of events. They had ample time to see the robber.

On December 30, 1964, Thomas Eaton, the attendant in charge of a Chevron service station in Oakland, was robbed. He testified that at 8:20 p.m. the rohber drove up in a Buick hardtop sedan, pointed a gun at him, gave him a paper bag and told him to put the station’s money in the bag. The robber took $107. Eaton called the police immediately after the robber left and gave them a description of the car and the license plate number.