People v. Anderson

JEFFERSON, J. In an information filed by the district attorney of Los Angeles County, defendant was charged with a violation of Penal Code section 211, robbery, in four counts. The information further alleged that at the time of the commission of the offenses defendant was armed with a deadly weapon, a revolver. Defendant was represented by counsel and pleaded not guilty to each count.

The second count contained in the information was dismissed by the court. The jury returned a verdict of guilty as to the other three counts, and further found defendant was armed with a deadly weapon at the time of the commission [599]of the offenses and thus found the robberies to be of the first degree. Defendant’s motion for a new trial and probation were denied, and defendant was sentenced to state prison for the term prescribed by law. This is an appeal from the judgment of conviction.

Defendant applied for appointment of counsel to assist him on appeal. Pursuant to defendant’s request this court appointed Edward E. Baca on May 3, 1962, to represent defendant. On June 27, 1962, Edward F. Baca advised this court that he desired to be relieved of this appointment after his study of the record indicated there was no reversible error and no basis for an appeal. On July 6,1962, this court relieved the court-appointed counsel. Defendant requested an extension of time in which to file his opening brief. The extension was granted. Defendant prosecutes this appeal in propria persona.

Joe W. Thompson testified he was a cooperator of a domino parlor, located at 5975 South Avalon Boulevard, Los Angeles. On March 24, 1961, at about 3 ;30 a. m. he observed defendant with another person enter through the rear door of his establishment; lock the rear door; and leave through the front door. Defendant returned in about five minutes but was refused admission. Thompson testified he sensed trouble and stationed an employee in the restroom armed with a shotgun at approximately 4 a. m. There were from 17 to 18 patrons present, including the four alleged victims named in the various counts of the information, when defendant again entered the premises. Thompson attempted to block the passageway, but defendant forced his way into the domino parlor holding a revolver in his hand and fired a shot. Defendant told everyone in the place of business to “stand back—this is a stickup—throw your money on the table and don’t nobody move.” The four victims who were named in the information threw their wallets containing money on the table.