People v. Johnson

degree murder, attempted robbery, burglary, and conspiracy to commit burglary and robbery. We modify the judgment and affirm it as modified.

Viewed as it must be in the light most favorable to the judgment, the record discloses the following. On March 23, 1969, between 4 and 5 p.m., appellant discussed the possibility of committing a robbery with Messrs. Francioni, Hackler, Barnes, Hofmann, Miss Patricia Lambert, and a girl identified as “Beckie.” Appellant mentioned “an easy hit at a photographer.” Miss Lambert had posed for Jack Richardson, a professional photographer, the preceding September. She drew a sketch of the interior of Richardson’s apartment. Appellant, Hofmann, Barnes, Francioni, and Hackler left for the Richardson apartment, Francioni and Hackler in a Dodge Polara and appellant and the others in another vehicle. Appellant instructed the others to go to the apartment and once there to shake the curtains to signal that it would be all right for him to come up.

On arrival at the apartment building, appellant told the others to check the area. He asked Francioni and Hofmann if they had their…