Farley

People v. Farley

Good Law
153 Cal. Rptr. 695·1979 Cal. App. LEXIS 1533·90 Cal. App. 3d 851·12 A.L.R. 4th 301
Court of Appeal of CaliforniaMarch 22, 1979Docket Nos. 32411, 32901California5,984 words

Opinion

Opinion

Jefferson, J.

By an amended information defendant was charged with three offenses. In count I he was charged with the murder (Pen. Code, § 187) of Sang Bong Park. In count II, he was charged with robbery (Pen. Code, § 211) of Park. In count III he was charged with robbery (Pen. Code, § 211) of Hwan Han Jong. In each count it was also alleged that, in the commission of the offense, defendant used a firearm—a revolver—within the meaning of Penal Code sections 12022.5 and 1203.06, subdivision (a)(1).

Defendant entered pleas of not guilty and denied the use allegations. Trial was by jury. Defendant was found guilty of murder of the first degree as charged in count I and guilty of robbery as charged in counts II and III. The robberies of both Park and Jong were found to be first degree robberies. With respect to all three offenses, the jury found to be true the firearm-use allegations. Probation was denied and defendant was sentenced to state prison for the term prescribed by law as to each count. The sentences as to counts II and III were stayed pending appeal and service of sentence as to count I. The stay was to become permanent at the conclusion of service of the sentence as to count…

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