People v. Sandoval

FOURT, J. This is an appeal from a judgment of conviction of one count of robbery in the first degree and one count of kidnapping.

In an information filed in Los Angeles County on May 7, 1962, defendant was charged in Count I with being armed with a deadly weapon and robbing Clarence West of certain money on April 13, 1962. In Count II the charge was that defendant was armed with a deadly weapon and robbed Clarence West of his wallet and cash on April 13, 1962, and in [575]Count III defendant was charged with kidnapping Clarence West on April 13, 1962, and with being armed with a deadly weapon at that time. Defendant pleaded not guilty, a jury trial was waived and a trial was had before the judge who found the defendant guilty of first degree robbery in Count I and of kidnapping in Count III and not guilty as to the Count II charge of robbery. No finding or determintion was made by the judge as to whether defendant was armed with a deadly weapon at the time of the commission of the respective offenses.

An appeal was taken from “the judgment and sentence ... and from the denial of the defendant’s motion for a new trial.”

A résumé of some of the facts is as follows: West, the victim of the robbery in question, was a service station attendant in Bell Gardens at about 2:25 a.m., April 13, 1962. Appellant was at the establishment at the time and place and went to the washroom—when he came out he approached West with a revolver in his hand and demanded of West that he, West, deliver over to him his money. West under the circumstances handed appellant some bills from his pocket and a coin changer which was attached to his belt and contained some coins. West was then compelled to walk approximately 200 feet down the street ahead of appellant who had a gun leveled at his back. At that point appellant released West who went back to the gasoline station where he was employed. West called the police who arrived approximately 25 minutes later.

About 3 a.m. and after the police had left, another person appeared at the service station and with gun in hand forced West into the office of the gasoline service station. West was asked to produce his money and West gave him two envelopes from the office containing money and his own wallet. The second robber was not the appellant. Upon the arrest of appellant the wallet of West which was taken in the second robbery was found in appellant’s house and was introduced into evidence without objection.