People v. Du Bose

Appellant Terrell Earl Du Bose was charged and convicted by a jury of three counts of robbery (Pen. Code, § 211), and three counts of burglary (Pen. Code, § 459). The convictions resulted from three incidents which occurred on December 27, 1968, January 9, 1969, and January 14, 1969. As to each incident, appellant was charged and convicted of both robbery and burglary, and the jury found he was armed with a deadly weapon at the time he committed each of the six offenses. His motion for new trial was denied. He was sentenced to prison for the term prescribed by law on each of the robbery convictions; the court ordered the second and third robbery sentences to run concurrently with the first. Sentences on the burglary convictions were suspended, the suspension to become permanent upon the completion of the sentences for robbery. We treat his appeal as being from the judgment of conviction.

Appellant was positively identified, first from a photograph and later at trial, by employees of three different businesses as the man who robbed each of them at gunpoint on the dates charged.

On appeal appellant contends:

(1) Failure of the trial court to instruct sua sponte that no…