People v. Robinson

Opinion

GOERTZEN, J. Appellant Frank Robinson was convicted of first degree robbery pursuant to California Penal Code section 211 on May 29, 1975. The jury found that he had acted as an aider and abettor to the crime. Because he had fled from the jurisdiction during the course of trial, sentencing did not take place in this matter until appellant was apprehended more than 14 years later. On October 20, 1989, he was sentenced to a term of five years to life imprisonment.

Appellant appeals from the judgment contending the court prejudicially erred in instructing the jury regarding the definition of aiding and abetting, and that the trial court erred in not admitting an exculpatory hearsay statement under the exception for declarations against interest.

Factual Background

On November 14, 1973, at approximately 10 p.m., Stephan Hayashi, a grocery manager, was preparing to close the Foods Company Market located at 11020 South Vermont Avenue in Los Angeles. There appeared to be no customers in the store at this time. At approximately 10:15 p.m., James Hawkins,1 holding a gun, pushed open the door to the market deli and pushed security officer Mark Collins inside. Hawkins forced a box boy, George Hall, into the deli cold room and handcuffed him, using handcuffs Hawkins carried. Hawkins then forced Hayashi, Collins, and Willie Rise, a stock person who was in the store at the time, to the front of the store to a booth where money was kept. At this time, Hawkins was holding two guns—one in each hand. Hawkins ordered Hayashi to open the store safe and to empty all of the money into a canvas bag which Hawkins had taped to his body. Hawkins also took some rolled bills. He then handcuffed together the market employees and told them to lie on the floor. Hayashi pressed a silent alarm, and the police soon arrived, followed by members of the sheriff’s department.

At approximately 10:30 p.m. Los Angeles County Deputy Sheriffs Barnes and Lamascus were travelling eastbound on 110th Street, about one and one-half to two blocks from the location of the robbery. The two deputies [1623]noticed an approaching car driving away from the market with its headlights off. It was a 1970 white Cadillac convertible. The driver of the car then flashed the headlights on and off and swerved radically from one side of the road to the other.2 The deputies stopped the car and approached. Inside of the car, the deputies observed a male adult in the right front seat. The deputies identified this man at trial as Hawkins. The driver of the car, whom the deputies later identified as appellant, got out of the car and approached Lamascus.3 While appellant was speaking with Lamascus, Barnes looked inside of the Cadillac. On the floorboard behind the passenger’s seat, he saw an open blue canvas bag with money and the butt of a handgun sticking out of it.