People v. Jackson

BRAY, J.* Defendant appeals from a judgment of conviction of the crime of first degree robbery.1

Questions Presented

1. Correction by the court of its finding of degree prior to entry in minutes.

2. Sufficiency of evidence of first degree robbery.

Record

An information charged defendant with the crime of robbery, to which he pleaded not guilty. It also charged three priors, which defendant denied. By counsel and personally defendant waived jury trial. The court, after trial before it, found defendant guilty of first degree robbery and also found the allegations as to priors true. After holding that defendant was not an habitual criminal, the court sentenced defendant to state prison, the sentence to run concurrently with a prior sentence.

Evidence

While Barton Jeffeoat was driving a cab in Sacramento, on his way to pick up a fare to which he had been dispatched, he was flagged down by defendant. Another man, later identified as one Watkins, was standing near defendant in the yard of the premises where defendant was. Defendant asked the cab driver to return in 20 minutes and offered him some money which was refused. Some half hour later, Jeffeoat returned. Defendant and Watkins got into the back seat of the cab and told the driver to go to Broadway so they could locate a car belonging to Watkins. The latter directed the driver to a certain corner, got out, went to a house, returned to the car and said, “Well, it’s there.” Defendant started to leave the cab and Jeffeoat asked him for some money. Defendant gave him $2.00 and got out of the cab. Watkins asked the driver if defendant paid him. The driver replied that defendant gave [70]him $2.00. Defendant said, “Well, if you are going to be that way about it, I’ll take that back,” and then took the $2.00 out of the driver’s hand. Defendant and Watkins walked up the street and Watkins got into a car which stopped for him and left.

After Watkins left defendant returned to the cab, getting into the front seat. He asked Jeffeoat to follow Watkins but the driver did not know where he had gone. Defendant then told Jeffeoat that he had “just gotten out of Folsom Prison, ’ ’2 after having been there 11 years. He said he had a gun “on him” as long as Jeffeoat’s leg, and he (defendant) “should have killed the other guy” because defendant had been “robbed” by him. Jeffeoat felt that defendant was indicating that he had the gun on his person. He did not display any weapon. He asked to be taken to “Southside.” As they neared the rest rooms at Southside Park, defendant said, “This is good right here.” The driver stopped the cab. Defendant asked the latter how much change he had. The driver started to reach for his pocket. Defendant said, “I don’t mean that, I mean that you have got in your shirt pocket.” The driver took the money out of his shirt, counting it, and told defendant it was $9.00. Defendant said, “Give it to me.” Jeffeoat asked whether defendant was going to rob him. Defendant made no reply. Jeffeoat handed defendant the money. Defendant asked for the driver’s name and address, saying, ‘ ‘ I might want to rob somebody or hold up a bank and I want the same driver all the time.” Jeffeoat gave him a fictitious name and address. When Jeffeoat gave the money into defendant’s left hand, defendant was drawing his right hand out from under his coat. There was nothing in that hand but Jeffeoat saw a bulge under defendant’s coat. Defendant got out of the cab and left. Jeffeoat immediately reported the robbery. Jeffeoat gave defendant the money because he was afraid of him, thinking that defendant had a gun. Jeffeoat identified defendant the next day in a police station lineup.