Travis
People v. Travis
Opinion
Opinion
Shinn, J.
James T. Prewitt and defendant and appellant James Russell Travis were charged with two counts of robbery and one count of burglary. It was also alleged that at the time of the commission of the offenses defendants were armed with pistols. Defendant Prewitt entered a plea of guilty as charged in Counts I, II and III of the information. He admitted being armed as to Counts I and II and denied being armed as to Count III. The court found the crime as to Counts I and II as to defendant Prewitt to be first degree robbery and found the crime as to Count III as to defendant Prewitt to be second degree burglary. The allegation of being armed as to Count III “was, on motion of the district attorney, stricken as to defendant Prewitt. Travis admitted a prior conviction which was alleged in the information. He was found guilty on Counts I and II of robbery in the first degree and guilty on Count III or burglary in the second degree. The jury also found that the allegations in Counts I and II that defendant Travis was armed were true and that in Count III the allegation that defendant Travis was armed was not true. Motion of defendant Travis for a new trial was denied. Execution of the…