People v. Timmons

FOURT, Acting P. J. This is an appeal from a judgment of conviction of kidnaping and robbery.

In an amended information filed in Los Angeles, Ralph Stewart and Edward Timmons were charged in count 1 with kidnaping Lawrence Baird on January 19, 1968, for the pur[672]pose of robbery; in count 2 with kidnaping Dorothy Stephens on January 19, 1968, for the purpose of robbery; in count 3 with robbing Lawrence Baird of about $15,000 on January 19, 1968; and in count 4 of robbing Dorothy Stephens on January 19, 1968, of about $15,000. It was further charged in each count that at the time of the commission of the offense the defendants were armed with a deadly weapon, namely, a knife. It was also charged that Timmons previously had been convicted of robbery in Monterey County (in 1962) and had served a term in prison therefor.

Stewart entered a plea of guilty to count 3. Timmons pleaded not guilty. In a nonjury trial Timmons was found guilty as to each count. The degree of the robberies was found to be second degree. The charge of a prior conviction was found to be not true. The allegation that Timmons was armed was found to be not true. A stay of execution was granted as to counts 2, 3 and 4 pending any appeal and during the service of any term which the Adult Authority pronounced in connection with count 1. The stay was to become permanent at the completion of the service of any sentence with reference to count 1. A timely notice of appeal from the judgment was filed by Timmons.

A résumé of some of the facts is as follows: for a period of about five weeks prior to January 19, 1968, Ralph Stewart (appellant’s codefendant) worked for Lloyd’s Market in South Gate and from such employment he learned about who of the employees went to the bank for the company and the routine which was followed in bringing money from the bank to the market. Stewart talked with appellant about holding up the employees on three different occasions. Stewart had a Pontiac automobile carrying Georgia license plates. A day or so before January 19, 1968, Stewart and appellant drove around in Stewart’s car in the area of the market and on occasions parked close by the market for the purpose of checking at about the time the employees of the market would be arriving from the bank. Stewart and appellant entered into an agreement in effect to rob the employees of the market of the money they were delivering from the bank to the market and agreed that Stewart would get a portion of the loot for doing the driving of his car.