Martinez

John Elias Martinez appeals the judgment entered following his conviction on two counts of robbery (Pen. Code, § 211) [1] and a true finding of the armed allegation in reference to each count (§ 12022, subd. (a)). [2] Relying upon section 1111, [3] Martinez contends his motion for judgment of acquittal (§ 1118) [4] should have been granted because there was insufficient evidence before the court at the time the motion was made to support the convictions and true findings. As we shall explain, we have concluded his argument is valid and we therefore reverse the judgment with directions to the trial court to enter a judgment of acquittal. [5]

An information filed November 14, 1979, charged Martinez with 10 counts of robbery and being armed in each robbery within the meaning of section 12022, subdivision (a). Counts one through five involved five different victims in a single transaction which occurred on December 14, 1978. The balance of the counts involved five additional victims in another transaction which occurred two days earlier, December 12, 1978. At the close of all the evidence and before argument, the court granted a judgment of acquittal (§ 1118) on…

John Elias Martinez appeals the judgment entered following his conviction on two counts of robbery (Pen. Code, § 211) 1 and *123 a true finding of the armed allegation in reference to each count (§ 12022, subd. (a)). 2 Relying upon section 1111, 3 Martinez contends his motion for judgment of acquittal (§ 1118) 4 should have been granted because there was insufficient evidence before the court at the time the motion was made to support the convictions and true findings. As we shall explain, we have concluded his argument is valid and we therefore reverse the judgment with directions to the trial court to enter a judgment of acquittal.

I

An information filed November 14, 1979, charged Martinez with 10 counts of robbery and being armed in each robbery within the meaning of section 12022, subdivision (a). Counts one through five involved five different victims in a single transaction which occurred on December 14, 1978. The balance of the counts involved five additional victims in another transaction which occurred two days earlier, December 12, 1978. At the close of all the evidence and before argument, the court *124 granted a judgment of acquittal (§. 1118) on eight…

I respectfully dissent.

This case involves the calculated and systematic mass robbery of helpless migrant farm workers by professional bandits. The many victims were attacked in their isolated rural bunk house in the middle of the night, terrorized, robbed at gunpoint of their meager possessions. Martinez had predicted to his coconspirators that few if any of the migrant workers would remain to complain or testify. He was almost correct. Many of these victims—as Martinez knew—were undocumented aliens. Their fear of contact with authorities was an article of faith. Rather than come forward as a victim-witness and risk deportation, they disappeared. Such characteristics made these poor human beings, particularly vulnerable, easy prey for a conscienceless brigand. Before committing these robberies, Martinez told three members of his gang it would be “easy” to rob alien farm workers. He had done so before. The victims would not report the crimes. He was almost correct. Only one brave victim, Olea, remained to testify.

The trial court dismissed eight counts against Martinez because the victims could not be located. The majority opinion now reverses Martinez’ conviction on the…