People v. Mendoza

MUSSELL, J. Defendant Ralph Charles Mendoza was charged with two counts of robbery (Pen. Code, § 211) and with two prior felony convictions. In a separate information his codefendants, Joe Floyd Goessman and Richard Brown, were also charged with two counts of robbery based on the same facts alleged in the information against Mendoza. It was also alleged in the latter information that at the time of the commission of the offense the defendant Goessman was armed with a deadly weapon. A motion for a new trial was denied and the three defendants were sentenced to imprisonment in the state prison. Defendant Mendoza appeals from the judgment of conviction and the order denying his motion for a new trial.

During the early morning hours on February 12, 1958, David Miramontes and Edwin Austin, students at the San Diego State College, were working part time at the P & R Liquor Store in San Diego. As was their custom, they removed all money in the cash register in excess of $100 and placed it in the safe, leaving $15 or $20 in silver and the rest in currency in the cash register for the next day. Fifteen or 20 minutes later appellant and defendant Goessman entered the store. Austin asked them if he could help them. Austin and appellant went to the wine section of the store and appellant picked out a bottle of wine. When Austin reached for the bottle, appellant told him to stand still and then told him to lie down on the floor behind the counter with his hands stretched out. Goessman then told Miramontes not to move and pulled an automatic pistol from his jacket pocket and told Miramontes to open the cash register. After Miramontes had complied with this order, he was ordered to go over and lie down next to Austin and stretch his arms out. Appellant then took wrist watches from Austin and Miramontes and Miramontes heard someone taking money from the cash register. Appellant and Goessman then left the store and the police were called. All of the bills and 50 cent pieces were taken from the cash register.

On March 11, 1958, defendant Goessman was arrested and when questioned by a police officer, stated that he knew nothing about the robbery. He was asked “who he was with” and stated that he was with Mendoza and Brown; that he had received some money and that he had thrown the robbery gun in the bay approximately two days before his arrest.

On March 11, 1958, defendant Brown, when questioned by [734]a police officer relative to Ms participation in the robbery, stated he was the driver of the ear and did not go into the store; that he had received money for his part in the robbery but did not remember the exact amount. When asked “who he was with” he stated that he was with appellant and Goessman.