People v. Bryant

KINGSLEY, J. Defendant, together with Marie Louise Trevino, was charged with robbery in the first degree, the information charging that they were armed with a deadly weapon at the time of the offense. Trial by jury was duly waived. The court found defendant Bryant guilty as charged and defendant Trevino guilty of a violation of section 487, subdivision 2, of the Penal Code (grand theft from the person), a lesser and included offense. As to defendant Bryant, probation was denied and he was sentenced to state prison;1 he has appealed ;2 we affirm the judgment.3

The case for the People was as follows: At about 2:30 a.m., on the morning of December 27, 1965, the two defendants entered a motel in Los Angeles and inquired the price of a room. They were given the information requested and then left. About 15 minutes later, they returned, defendant Bryant exhibited a gun and told the desk clerk (Henry Miles) to back [472]away from the desk. Miles did so, defendant jumped over the counter and crouched down. Miles was told to open the cash drawer and did so. Defendant Trevino walked away and Miles did not see her thereafter. While Bryant was cleaning out the cash drawer at the desk another man, also displaying a gun, entered. Miles was taken into a back room where, after efforts to open a safe were unsuccessful, the two men tied Miles up and (using a desk chair as a dolly) wheeled the safe out. Miles ultimately freed himself and called the police.

About three weeks later, police officers showed Miles several police “mug” shots and he identified Bryant and Trevino from among them. At the trial, Miles testified to this earlier identification, as well as to an identification at the preliminary examination; he also made a positive identification of both defendants from the stand at the trial.

On February 16, 1966, Officer Cleseeri went to an apartment in Los Angeles, knocked on the door and was admitted by defendant Bryant. The officer arrested Bryant and searched the apartment, finding therein a gun which was later identified as similar to that used in the robbery. It does not appear whether or not the officer had either a search or an arrest warrant.

I

Defendant argues that the evidence adduced against him at the preliminary examination was not (excluding evidence he contends was inadmissible) sufficient to justify holding him for trial. That transcript is not before us and any errors, if any there were, cannot be urged here, defendant’s sole procedural remedy having been a motion under section 995 of the Penal Code and petition for a review under section 999a of that code. No such proceedings were initiated.