Stathos

Following a trial by jury defendant Daniel Thomas Stathos was convicted of kidnaping for the purpose of robbery (Pen. Code, § 209) and two counts of first degree robbery (Pen. Code, §§ 211, 211a). His codefendant Kenneth Lee Harnal, tried at the same time, was convicted of kidnaping for the purpose of robbery and first degree robbery. (An accomplice in the offenses, Walter Hoefler, pleaded guilty without a trial.) Each defendant has appealed from the judgment which was entered against him on the jury’s verdict.

Both Stathos and Harnal contend that the convictions of kidnaping for the purpose of robbery were contrary to law and unsupported by substantial evidence.

The following evidence was introduced at the trial. Luciano Sabella was the owner of a Marin County restaurant. Around 10:30 p.m. on November 24, 1968, he answered the doorbell at his home. He was confronted by Walter Hoefler who, producing a gun, said “Don’t do anything stupid or else I will kill you.” Hoefler then walked in followed by Stathos. Later Harnall joined the two men in the house. Sabella was told by Hoefler that he would be taken to his restaurant “to open the safe and take money from there.”…