People v. Chandler

Defendant was convicted in a jury trial of conspiracy to commit robbery, robbery in the first degree and burglary in the second degree.

Sentence on all three charges was to state prison, however, execution of the sentences on the conspiracy and burglary charges was stayed in order to avoid the prohibition of section 654 of the Penal Code against multiple sentencing. Defendant appeals from the judgment and from an order denying his motion for a new trial. The latter order is not separately appealable and the appeal therefrom is dismissed.

All three charges stem from the activities of defendant and three confederates, which activities culminated in the armed robbery of a small general store in Ventura County on January 29, 1970.

Defendant’s claims of error are three in number. First, defendant urges that the trial court erred in permitting the prosecution to call defendant’s juvenile accomplice as a witness knowing that the witness would invoke the privilege against self-incrimination. Secondly, defendant accuses the prosecutor of prejudicial misconduct in his closing argument to the jury. Lastly, defendant contends that the trial court failed to properly instruct the…