People v. Solorio

GRIFFIN, J. Defendants David Solorio and Claudine Scott were convicted by the court, sitting without a jury, of the crime of assault with intent to commit robbery, in violation of section 220 of the Penal Code. Appellant Scott admitted a prior conviction of a felony and was sentenced to state’s prison. Defendant Solorio’s appeal was dismissed on September 5, 1956, after he abandoned it.

Appellant Scott appeared in propria persona and gave notice of appeal and later, at his request, counsel was appointed to represent him on this appeal.

The victim testified that on January 29, 1956, at about 6 p. m., he was crossing Third Street at D Street in San Bernardino, and as he neared an alley “two guys grabbed me and dragged me into the alley”; that he did not recognize their faces but one was a Mexican and the other was colored; [114]that they threatened him, knocked him down, injured him and dragged him up the alley and went through his pockets; that an officer came along about that time and he told him these men had “rolled” him; that he had between $45 and $50 on him at the time and then it was gone.

The police officer testified he saw these defendants drag the complaining witness into the alley and that the complaining witness appeared to be intoxicated at the time; that he saw both defendants kneeling over the complaining witness, and appellant Scott told him that the victim (Courson) was trying to “roll” him (Scott) and the officer told Scott it looked more like he (Scott) was trying to rob Courson. Other officers were summoned to the scene. They found the complaining witness’s wallet lying at defendant Solorio’s feet. The officer picked up the complaining witness and took him to a near-by police car and just then the officer looked around and saw the appellant Scott throw a wallet on the ground. He picked it up and it was Scott’s wallet. Scott was searched and he had only a few cents on his person. Later he was questioned at' the police station and said that Solorio noticed the complaining witness and started after him; that he (Scott) told him to leave him alone but Solorio said: “No, he has some money”; that Solorio approached the complaining witness, grabbed him and forced him back into the alley, knocked him down, and took his wallet from him; and that he, Scott, was only in the alley to pull Solorio off of the complaining witness.

When Solorio was interviewed by the same officer he told him that appellant Scott approached the complaining witness and asked for a match; that Scott grabbed him and took him back into the alley; and that he, Solorio, did not enter the alley.