People v. Wilson

FOURT, J. This is an appeal from a judgment of conviction of robbery. (§ 211, Pen. Code.)

; In an. information filed in Los Angeles on November 30, 1967, Gerald Dean Wilson and Harold Goodwin were charged with taking feloniously and by means of force, certain personal property from Alfred Knuth on November 15, 1967. Each of the defendants pleaded not guilty and it was stipulated that the cause be submitted upon the testimony and the exhibits received at the preliminary hearing. Each defendant was found to be guilty as charged and the robbery was found to be of the first degree. Wilson was sentenced to the state prison and a timely notice of appeal was filed.

A résumé of some of the facts is as follows: Alfred Knuth on November 15, 1967, was tending bar at “Sid’s Well” in Monterey Park. Defendants were in the bar from about 11:30 p.m. until closing time at 2 a.m. Knuth served some drinks during this period to defendants. At one time during such period Knuth overheard Goodwin say to appellant, “Keep it in 3'uur pocket.” At about 2:05a.m. appellant took a gun from his pocket and handed it to Goodwin. Goodwin then stated to Knuth, “This is it.” and appellant walked behind the bar and took about $125, including a roll of nickels from the cash register and put the money into his pocket. The robbers then left the premises.

Officer Sparling of the Monterey Police Department was on patrol and shortly thereafter he received a radio message from the police station to the effect that an armed robbery had just been ■ committed at the named bar. A few moments later a description of the two suspects and of the vehicle they were driving was broadcast. One suspect was described as being about 40 years of age, with light hair and about 6 feet 1 inch or more tall. The other suspect was described as having dark hair, as about 5 feet 6 inches or more in height and of about 35 to 40 years of age. It was further broadcasted that one of the suspects was wearing a blue sweater. It was first indicated in- the radio report that the ■ suspects were driving a blue pickup truck with a camper on it. Shortly afterward it was stated over the radio that the truck apparently was not blue but was yellow with a camper. Within ten minutes after receiving the call over the police radio, Sparling spotted a [412]vehicle parked in an unopened service station about nine blocks from the scene of the robbery. The vehicle was a yellow pickup truck with a camper on it. Sparling approached the truck, looked inside on the driver’s side and saw two men about 35 or 40 years of age. The driver of the pickup immediately drove out of the station and into the street. The officer followed in the police ear and with the red lights on pulled the truck to a stop. Sparling approached the pickup again and asked the driver for his driver’s license. The driver stated that he had an expired license and was looking for it. The officer noted that appellant, the passenger in the truck, had on a blue sweater and was tall. Sparling asked the driver to step out of the car and then conducted a pat-down search for weapons and found none. The officer then asked appellant to get out of the truck. Appellant identified himself as Mr. Osterly and exhibited a driver’s license with that name on it. Sparling made a pat-down search of appellant for weapons and in doing so felt several hard objects on appellant’s right front pocket area which the officer thought to be coins and on appellant’s left front pocket the officer felt what seemed to be a large roll of paper. Defendants were then placed under arrest. Assisting officers arrived and took charge of defendants while Sparling searched the truck. Under the front seat-was found a box containing a leather holster,- some cartridges and leather gloves. A loaded pistol was located in the glove compartment. A bag of money, including a roll of nickels was found in appellant’s right front pocket and some currency was found in his left front pocket. Defendants again were told that they were under arrest and were advised of all of-their constitutional rights. Each defendant indicated that he understood his rights.