Walker

People v. Walker

Good Law
148 Cal. Rptr. 66·1978 Cal. App. LEXIS 1794·83 Cal. App. 3d 619
Court of Appeal of CaliforniaAugust 8, 1978Crim. 8797California691 words

Opinion

Opinion

Brown, J.

Arlen Henry Walker and Andre Enos Walker appeal the judgments after a jury found each of them had committed four robberies (Pen. Code, § 211); each was found to have been armed with a firearm during two of the robberies. Arlen received two consecutive sentences; Andre, concurrent sentences.

Andre and an associate robbed four different 7-11 stores on four different occasions. Arlen drove the car.

After they were arrested, first Arlen and then Andre confessed. Both argue the trial court erred in ruling on the voluntariness of their confessions by failing to state what standard of proof it was using. While the case was pending the California Supreme Court held that voluntariness of confessions should be judged by the standard of proof beyond a reasonable doubt (People v. Jiminez, 21 Cal.3d 595 [ 147 Cal.Rptr. 172 , 580 P.2d 672 ]). With regard to pending cases, where the record is silent as to the standard used, the appellate court should review the record as a whole and determine whether there was a reasonable probability that a result more favorable to the defendant would have been reached had there been no error (People v. Jiminez, supra, 21 Cal.3d 595, 609 ; People v.…

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