People v. Robinson

SHINN, P. J. Ernest Robinson, David Reed and Woodrow Jerome Howe were jointly accused of burglary and in a second count of receiving stolen property. In a non jury trial Robinson was found guilty on Count I and not guilty on Count II. He was accused of having suffered four former felony convictions for which he served terms in state prison. The allegations respecting the first two convictions were stricken; those relating to the third and fourth convictions were found to be true. Motion for a new trial was denied and Robinson was sentenced to state prison. He appeals from the judgment. He is represented on the appeal by counsel appointed by this court.

It is first contended that there was insufficient evidence to justify the judgment. Under stipulation the evidence received at the preliminary examination was received as evidence at [660]the trial; additional evidence was introduced. There was evidence of the following facts: During the night of December 13, 1958, John Norman’s Hen Store in Long Beach was robbed of between 100 and 130 suits of men’s clothing and some other articles. At about 1:05 a. m. December 14th, 106 of the suits, one slack suit, one brown suede jacket, two Pendleton robes and 12 men’s belts were found by the police in a motel room on South Central Avenue in Los Angeles. In the room were the three defendants. The labels had been removed from 31 of the suits and were on the floor or in a trash can. These suits had been rolled up and stacked on a bed against the wall. The other suits were strewn about the floor. Howe and Robinson fled to the bathroom and locked the door but it was opened on order of the police.

In a conversation with Officer Musulin, Robinson stated that he had been with Howe all that night; they had been driving around and had met Reed in Watts; they went to the motel together and all three had taken labels off the suits. In a conversation with Officer Perris defendant stated that he had gone to the motel room with Howe and Reed; the suits were piled up in the room; he had not seen them before and did not want to stay because he feared the suits had been stolen; however he did cut labels from some of the suits.

Howe, accompanied by a woman, had rented the motel room on December 13th and registered as Mr. and Mrs. Jones. Howe endeavored to make a telephone call but was unsuccessful ; the woman talked with someone on the telephone. Howe and the woman left in a Buick. Another man came in and asked the price of a room but did not rent one. The manager of the motel heard a car leave; he saw Howe and the woman and the second man enter the room; Howe was carrying a bundle; Howe, the woman and the man drove away. The manager found the suits in the room and called the police, who arrived promptly. Howe, Reed and Robinson came up in a car driven by Reed. They entered the room and shortly thereafter the officers entered.