Walker

People v. Walker

Good Law
123 Cal. App. 3d 981·177 Cal. Rptr. 147·1981 Cal. App. LEXIS 2180
Court of Appeal of CaliforniaSeptember 15, 1981Crim. 39711California1,726 words

Opinion

Opinion

Beach, J.

Defendant pleaded guilty to robbery (Pen. Code, § 211) and using a gun in the commission of the offense (Pen. Code, §§ 12022.5 and 1203.06, subd. (a)(1)). The trial court sentenced defendant to state prison. Defendant applied for a certificate of probable cause (Pen. Code, § 1237.5), which the trial court granted. This appeal followed. Defendant contends that because he had previously been convicted in Nevada of receiving stolen property, based on traveler’s checks taken in an incident which also formed the basis of the present California prosecution for robbery, he was placed twice in jeopardy for the same offense. We reject the contention and affirm the judgment of conviction.

Facts:

A. Substantive Offense

At noon on June 4, 1980, Elizabeth Knauer, an employee of American Express on Riverside Drive in Sherman Oaks, saw defendant point a gun at her colleague Dale Trader. Knauer heard defendant order Trader to give him all the money he had. Knauer then observed Trader handing defendant a bundle of traveler’s checks. Knauer believed that at that time the drawer contained approximately $45,000 in traveler’s checks.

After defendant had left, someone activated the alarm.…

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