People v. Lobikis

LILLIE, J. A jury found defendant guilty of three counts of first degree robbery (§ 211, Pen. Code) and one count of kidnaping for the purpose of robbery (§ 209, Pen. Code); and that he was armed during the commission of the robberies. He admitted two prior felony convictions for which he served terms in the federal prison. He appeals from the judgment and order denying motion for new trial; the purported appeal from the order is dismissed.

Around 4 p.m. on June 17, 1966, defendant entered Mr. G’s Fashions, Long Beach, and holding a small silver gun robbed Mrs. Quagliano of cash from the register and three dresses. He left through the rear door and ran down the alley. She immediately called the police.

Next door an employee, Margaret Berry, left a studio around 4 p.m. to go to the bank; a lady from Mr. G’s Fashions ran out and said she had been robbed; Miss Berry saw a man running down the alley and followed him in her automobile, then turned and saw him on the street; he looked back and walked faster, turned down another alley, ran and jumped over a wall; defendant pointed a silver colored gun at her when she told him he had better “take those things [dresses] back”; he then got into the vehicle, forced her to drive ahead, took her card case containing $33, and left.

On June 26, 1966, defendant went into a market in Long Beach and pointed a niekle-plated .38 revolver at Mr. Honaker, demanding money from an open cash register; defendant took money as well as Honaker’s wallet containing $5. As defendant put the money in a bag, Honaker picked up his own gun and shot him; defendant fled as Honaker fired again and missed.

Mrs. McNeill testified that she lived with defendant in a [777]common' law relationship at 210 Bast 56th" Street, Long Beach • in May or June he gave her some dresses; in "June one day around noon, he took her and her children to a theater but later returned and told her he had been “hit” and needed to go to a hospital; his car was in a parking lot on Atlantic; since she could not drive, she went to a drugstore where she called her husband who drove him to Harbor General; defendant gave her the keys to his car.

Sergeant McMahan testified that he went to the hospital on June 27, 1966, to interview defendant who had made a robbery report; defendant told him he had been robbed and shot in San Pedro while hitchhiking, a friend had driven him to the hospital, and he owned a 1962 Rambler station wagon parked near the Uptown Theater in Long Beach; on June 29, 1966, he (McMahan) returned to the hospital; still defendant was not in custody; defendant told him he had driven to San Pedro in his automobile and been robbed; confronted with his earlier statement about hitchhiking, defendant said that he did not know what he was saying; defendant denied owning a handgun until he (McMahan) said he had pictures of him holding such a gun, then admitted having owned a shiny .38 caliber gun but said he had thrown it away. A search of defendant’s automobile, a 1962 Rambler station wagon, revealed some loose change and two wallets containing numerous papers; a search of the apartment in which he lived with Mrs. McNeill produced $14 in change, a card ease and a wallet. It was stipulated that the hospital records reflect that defendant was admitted at 4:30 p.m. on June 26,1966; he was awake, alert and oriented when he walked into the hospital; and the injury was diagnosed as a gunshot wound.