O'ROY

Defendant, Don Louis O’Roy, age 18 years on the date of commission of the crime, appeals from the judgment of conviction after a jury found him guilty of first degree robbery.

Facts

Facts giving rise to the above conviction are as follows:

Defendant entered a taxi at 29th and “K” Streets in Sacramento about 9:30 a.m. on July 29, 1971. He told the driver to take him to the Del Paso Heights area of Sacramento. On South Avenue in Del Paso Heights, defendant directed the driver to pull over to the curb. Defendant then ordered the driver to look the other way and to give defendant all the money in the driver’s possession, “or I’ll shoot you.” Defendant was sitting in the front seat with the driver, and the driver glanced quickly at defendant, then looked straight ahead. The driver handed his wallet to defendant which contained the driver’s personal money. He also took money from his shirt pocket that belonged to the taxi company, and handed this to defendant. Defendant immediately fled on foot.

Defendant returned the next day to 29th and “K” Streets in a white and red tow truck to get his car which had broken down the day before and which he had left at a…