People v. Washington

Defeudant appeals his judgment of conviction for armed robbery on the ground of insufficiency of the evidence. We find this contention without merit.

As Mrs. Ruby Lee Bead entered the Imperial Market in Los Angeles to shop in the late afternoon of 15 January 1970, she noticed defendant and another man standing outside. When she left the market defendant her with a gun and seized her purse. Because her car keys were in *473 her purse Mrs. Bead pursued defendant on foot, and during the pursuit she was nearly hit by a bullet fired in her direction. Nevertheless she kept defendant in sight until he entered his house some blocks distant from the market with her purse still in hand.

Mrs. Bead had someone across the street call the police, and then she kept watch over defendant’s premises until the police arrived. Defendant was arrested inside his house, and Mrs. Bead’s purse was recovered in an alley a few feet from the side door of defendant’s house. Her identification of defendant as the robber was positive.

Although defendant denied he had committed the offense, the foregoing evidence was credited by the trier of fact, and its finding is binding on us in appellate review.…

I concur in the opinion and in the order remanding the cause to the trial court to make the required finding regarding the application of Penal Code section 12022.5. However, in view of the evidence which the trial court expressly accepted as true, the only finding which reasonably could have been made, and which now should be made, is that the defendant used the firearm in the commission of the robbery and that sections 1203 and 12022.5 of the Penal Code are therefore applicable.

*478 Further, the decision in People v. Floyd, 71 Cal.2d 879 , at pages 883-884 [ 80 Cal.Rptr. 22 , 457 P.2d 862 ] makes it clear that Penal Code sections 3024 and 12022 are inapplicable and that there should be “an express determination in the judgment as to whether the defendant was armed with a deadly weapon within the meaning of section 1203 of the Penal Code.” (Italics added.) By parity of reasoning the same determination as to the application of subsequently enacted section 12022.5 should appear in the judgment. In other words, Floyd plainly dictates that the judgment should indicate on its face which of these code sections are or are not applicable.

Accordingly, to paraphrase the language…

(1) Defendant appeals his judgment of conviction for armed robbery on the ground of insufficiency of the evidence. We find this contention without merit.

As Mrs. Ruby Lee Bead entered the Imperial Market in Los Angeles to shop in the late afternoon of 15 January 1970, she noticed defendant and another man standing outside. When she left the market defendant threatened her with a gun and seized her purse. Because her car keys were in her purse Mrs. Bead pursued defendant on foot, and during the pursuit she was nearly hit by a bullet fired in her direction. Nevertheless she kept defendant in sight until he entered his house some blocks distant from the market with her purse still in hand.

Mrs. Bead had someone across the street call the police, and then she kept watch over defendant's premises until the police arrived. Defendant was arrested inside his house, and Mrs. Bead's purse was recovered in an alley a few feet from the side door of defendant's house. Her identification of defendant as the robber was positive.

Although defendant denied he had committed the offense, the foregoing evidence was credited by the trier of fact, and its finding is binding on…