In Re Dennis

The People appeal from an order granting a petition for writ of habeas corpus the effect of which is to strike the judgment by the plea of guilt under section 209 of the Penal Code and to substitute therefor conviction under section 207 of that code. This would impose upon petitioner a sentence with possibility of parole in place of his present conviction under section 209 which decrees life imprisonment without possibility of parole.

Order of the Superior Court

The order of the superior court granting the writ is based upon the proposition that it could not have been proved beyond reasonable doubt had the case gone to trial that the intent to rob existed at the time of the beginning of the asportation. Wherefore, although petitioner had pleaded guilty he had done so without benefit of the decision in People v. Tribble, 4 Cal.3d 826 [ 94 Cal.Rptr. 613 , 484 P.2d 589 ], which holds that previous intent to rob is a necessary ingredient for a 209 case. Therefore, held the judge, petitioner is entitled to modification of the judgment in line with In re Alvarado, 27 Cal.App.3d 610 [ 103 Cal.Rptr. 845 ]. The major part of the court’s order is set forth below.

The Attorney…