People v. Krug

ROTH, P. J. This appeal is from a judgment entered and sentence imposed after a jury found appellant guilty of robbery in the first degree. (Pen. Code, §211a). No appeal can be had from the sentence. This portion of the appeal is dismissed. (Pen. Code, § 1237.)

At about 9 :15 p.m., on June 4, 1965, George G. Epstein was alone in his liquor store on Sepulveda Boulevard in Van Nuys, checking the cash register tape. The register was open. Appellant and eodefendant Michael LaGrua entered the store and surrounded Epstein.

One of the men said, “This is a holdup” and told Epstein to hand over the money. Epstein looked up and saw appellant with a gun in his hand, standing to the left of the cash register, and LaGrua to the right. Epstein did not respond promptly. Appellant struck him in the face. Appellant and LaGrua then took about $91 from the register and ran out the door.

Epstein followed. He saw the men flee in an automobile which he described as a 1952-1954 dark colored Cadillac. At trial, he identified photographs of a 1953 green Cadillac as a similar car.

In the morning of June 9, 1965, Epstein was summoned to a lineup. During the lineup, he identified LaGrua as one of the participants of the crime. At a second lineup that afternoon, Epstein identified appellant.

Two days prior to the lineup, to wit: June 7, 1965, Detective Brondell had interviewed LaGrua who had been advised of his constitutional rights. LaGrua confessed to the robbery. He refused to identify his accomplice, but stated that the accomplice had held the gun and that the automobile used belonged to his accomplice.

Appellant testified in his own behalf. He denied being at the liquor store at the time of the robbery and stated that on the night of the crime he had loaned his automobile to La[221]Grúa. He also testified that after his arrest he went to the store four times without being recognized by Epstein.

By stipulation, appellant’s case was consolidated on trial with LaGrua’s. A jury found both defendants guilty of violating Penal Code, section 211. LaGrua was found not to have been armed.

Appellant’s primary contention is that the admission of LaGrua’s confession constituted reversible error under the rules laid down in People v. Aranda, 63 Cal.2d 518 [47 Cal.Rptr. 353, 407 P.2d 265], Aranda holds that if the prosecution proposes to introduce evidence of extra-judicial statements of one defendant that implicates a codefendant, the trial court must either (1) effectively delete the incriminating portions of a confession against a codefendant, or (2) grant a severance of trials. The Aranda rule is applicable to cases on appeal tried before the date it was announced. (People v. Charles, 66 Cal.2d 330, 332 [57 Cal.Rptr. 745, 425 P.2d 545].) We therefore consider the effect of LaGrua’s confession on appellant.