People v. Jackson

FILES, P. J. Defendant was charged by information with three felonies: Count I, armed robbery (Pen. Code, § 211) ; count II, assault with intent to murder Raymond Bash (Pen. Code, § 217); count III, assault with intent to murder William Watson (Pen. Code, § 217). On March 12, 1963, defendant pleaded guilty to counts I and III. On April 8, 1963, the court permitted defendant to change his plea to not guilty on all counts. The request of defendant’s attorney to be relieved was granted. Thereafter, represented by the public defender, defendant waived a jury trial and on June 17 and 18, 1963, was tried by the court sitting without a jury. The court found defendant guilty as charged in counts I and III, and not guilty on count II. On July 8, 1963, defendant was sentenced to state prison.

On July 17, 1963, a notice of appeal was filed, bearing the signature of an attorney other than the public defender. No brief was filed on behalf of defendant and, after notice to this new attorney of record, pursuant to rule 17(a) of the California Rules of Court, the appeal was dismissed.

On July 20, 1966, upon defendant’s application, the Supreme Court ordered the Court of Appeal to recall its remittitur, vacate the dismissal and reinstate the appeal.

Since that time an attorney has been appointed to represent [627]defendant and the case has been fully briefed by counsel for both sides. Defendant has also filed a brief in propria persona.

A summary of the evidence is as follows: Raymond Bash, a messenger for “Brinks Armored Car,” testified that on December 17, 1962, at about 10:05 a.m. he entered the office of the Southern California Gas Company on South Central Avenue carrying a small grip, in which were two bundles, each containing 25 new one-dollar bills, and $147 in coins. Earlier that day Bash had removed three of the new bills to be used as Christmas presents and replaced them with old bills from his pocket.

As Bash entered the gas company office defendant, who was seated there, arose, pointed a gun at Bash and demanded the grip. Defendant then took the grip and took a gun which Bash carried, ran outside and drove away in a Ford automobile.

James Brown, an employee of the gas company, testified that he saw the holdup and he identified defendant as the robber.

William A. Watson, a retired police officer, testified that he happened to be outside the gas company office when defendant ran out carrying the black grip. When defendant drove away Watson followed in his car. Defendant drove to an address on Wadsworth Street, where he abandoned the Ford, jumped into a parked truck and drove away in it. Before he entered the truck defendant pointed his weapon at Watson and fired five shots. Two shots struck Watson’s automobile, but he was not injured.