People v. Woods

FLEMING, J. Defendant Larry Woods was convicted of four counts of robbery and found to have been armed at the time of each offense.

On May 10, 1963, at approximately 9 p.m. two men entered the La Tijera Pharmacy through a rear door. After entering the store one man proceeded to plunder the front cash register and the other man the rear cash register. Defendant was identified by three separate witnesses as the man who ransacked the front cash register. One witness to the robbery testified that when she entered the pharmacy through the rear door she noticed a two-tone white and red Pontiac parked behind the store.

On May 14, 1963, at about 9:45 p.m. defendant and another man entered and robbed a pharmacy in the town of Paeoima. Defendant was identified as one of the robbers by two store clerks and by the pharmacist.

[187]Defendant’s companion in both robberies was Eugene Allen, later identified by photograph. Allen was killed on May 20 in a third drug store robbery in which defendant did not take part.

Following Allen’s death the police went to Allen’s residence and found a red Pontiac which led them to investigate the defendant. They arrived at defendant’s residence about 5 :20 on the morning of May 21 and found defendant in. An officer asked for Larry Woods, and defendant said Woods was working at some gas station he didn’t know where. Defendant Larry Woods then produced an operator’s license in the name of Ned Woods and said he was Larry’s brother. A few minutes later defendant admitted he was Larry Woods and said he had the fraudulent operator’s license to avoid traffic citations. Defendant was arrested and taken to the police station. About 5:40 a.m. defendant was questioned at the station by Officer Stevens. Defendant stated that Allen, the deceased, was a friend of his, and that on learning Allen had been shot in a drug store holdup he drove to Allen’s house in the red car. There, defendant saw the police, so he left the car and walked back to his apartment because he was afraid he might get arrested. This conversation lasted 20 to 30 minutes.

At the trial defendant denied that he was a party to either of the robberies. His main defense was an alibi for the nights of May 10 and May 14. He testified he drove a red car in the month of May but denied driving to Allen’s house on the night of May 20.

Court-appointed counsel concludes that no meritorious ground for appeal appears in the record. After an independent review of the record we are of the same opinion. However, the appeal was filed prior to the decision in People v. Dorado, 62 Cal.2d 338 [42 Cal.Rptr. 169, 398 P.2d 361], which decision, we believe, merits a brief discussion as applied to this case.