People v. Hartman

BRAY, J.* Appellant William C. Hartman appeals from judgment of conviction, after jury trial, of violation of section 211 of the Penal Code (robbery first degree armed with a deadly weapon).1 Appellant is represented by appointed counsel.

Question Presented

Effect of court’s instruction that in the court’s opinion appellant was guilty of the offense charged.

Evidence

At approximately 6:45 a.m. on July 5, 1966, appellants Hartman and Ialenti entered the Oasis Motel at the corner of Eddy and Franklin Streets in San Francisco. Desk clerk Robert Elliot was on duty at the time and was standing behind the reception desk. Both Hartman and Ialenti were armed and [549]Hartman stated upon entrance, “This is a holdup.” Ialenti proceeded around the reception desk putting his pistol in his pocket in the process.

A discussion developed between Hartman, Ialenti and the desk clerk as to whether the cash drawer or the safe should be opened. The desk clerk informed them that he had no key for the safe. He opened the cash drawer at Ialenti’s request and a sum of money was taken by Ialenti and placed in his pocket.

Immediately subsequent to the removal of the money from the cash drawer the desk clerk set off the silent burglar alarm, which alarm was received by the police.

Hartman insisted that a key was hidden under the desk which would open the safe and that yet another sum of money was available deposited under a filing cabinet on the premises. While Ialenti set about to search for the secreted key, Hartman began to search for the filing cabinet. While this search was going on, the police arrived. Hartman ran out a side door with his weapon drawn, and was apprehended immediately by Officer Joseph Lor dan. Ialenti remained behind the reception desk and surrendered to Officer Timothy Cadigan after it became clear that Ialenti was with Hartman.

Ialenti was searched and a sum of $17 in paper money and $1.75 in change was removed from his right pants pocket. The arresting officer testified that at the time of the search Ialenti remained behind the reception desk in the proximity of the cash drawer.

Approximately one-half hour after the police took Hartman and Ialenti away from the motel, the desk clerk determined that $17 in currency had been taken. The amount missing was determined by deducting the amount of cash remaining from the cash with which the clerk had started the evening.