People v. Miller

By information appellant was charged in three counts of robbery in violation of Penal Code section 211 and with two prior convictions. Prior to trial, counts I and III were dismissed and appellant admitted the prior convictions. Following a jury trial appellant was found guilty of robbery as charged in count II and the degree was fixed at first degree. Appellant was sentenced to be imprisoned in' the state prison for the term prescribed by law.

Facts

On February 9, 1973, Glenard D. Whiting was shopping in downtown Los Angeles, having cashed a payroll check in anticipation of going on a vacation. At about 7:30 p.m. near Sixth and Los Angeles Streets he was approached by appellant and another man who asked if Whiting knew how to get to the 1010 Lookout Hotel. Whiting replied that he never heard of it. Appellant and the other man engaged Whiting in conversation for 15 to 20 minutes as Whiting was walking toward his bus stop. The other man had a Jamaican accent and stated that he had just got off his ship. The Jamaican said that he had given a girl $50 and she was supposed to meet him at the Lookout Hotel. Appellant stated to the Jamaican that the girl had probably taken…