Ortega

Appellants, Jake Orlando Ortega and Floyd Dan Rodriguez, were jointly charged with a violation of section 211 of the Penal Code (robbery). The information alleged that both appellants were armed with deadly weapons, to wit, guns, at the time of the commission of the offense. Both men entered pleas of not guilty and each made a motion for severance of trial which motions were denied. At a trial by jury appellants were found guilty as charged and the robbery was fixed as in the first degree. The jury further found that each appellant was armed with a deadly weapon at the time of the commission of the offense. Motions for new trial were made and the motion was denied as to appellant Ortega and was withdrawn as to appellant Rodriguez. Applications for probation were denied and appellants were sentenced to the state prison for the terms prescribed by law. This appeal is from the judgments of conviction.

Statement of Facts

On June 7, 1968, at approximately 9:15 p.m., two men entered the L & B Delicatessen, owned and operated by Robert G. Long, and walked to the rear of the store to the refrigerator where beer was stored. One of the men asked the price of Pabst beer and Long…