Blair

The defendant was charged with; (a) robbery (Pen. Code. § 211), count I; (b) kidnaping (Pen. Code, § 209) for the purpose of robbery, count II; (c) kidnaping (Pen. Code, § 209) for the purpose of robbery, count III; and (d) receiving stolen property (Pen. Code, § 496), count IV. In a jury trial, defendant was found guilty on all four counts. The defendant appeals from the judgment and from the order denying his motion for a new trial. However, the order denying a new trial is nonappealable. (People v. De Leon, 236 Cal.App.2d 530, 533 [ 46 Cal.Rptr. 241 ]; Pen. Code, § 1237.)

The evidence disclosed that Mr. and Mrs. Susman were robbed, at their home, of currency and other valuables by an armed, masked man. The Susmans could not identify the robber. The stolen property was found by police in defendant’s home or place of employment. Also found at defend ant’s place of employment, were clothes matching the description of those worn by the robber.

Sergeant Wall, of the Palm Springs Police Department, testified to a conversation with defendant in which the latter stated that he had “thought about pulling it, [the robbery] but didn’t,” and that he knew about the robbery.

The…