Beaumaster

People v. Beaumaster

Good Law
17 Cal. App. 3d 996·1971 Cal. App. LEXIS 1547·95 Cal. Rptr. 360
Court of Appeal of CaliforniaMay 27, 1971Crim. 18527California4,786 words

Opinion

Opinion

Stephens, J.

Defendant Chapman (also known as Moore) was charged with nine felony counts. Defendant Beaumaster was charged with the same first seven felony counts as Chapman, and was also charged with two prior felony convictions. The counts are as follows, with each count except V, VII and IX also alleging that defendants committed the respective offense while armed with a .38 caliber revolver (a violation of Pen. Code, §§ 3024 and 12022):

Defendants pleaded not guilty, and they personally and all counsel waived trial by jury. Beaumaster denied the prior felony convictions, and his motion under Penal Code section 995 was denied. Defendants were found guilty as charged in counts I, II, HI, TV, and VI, and not guilty of the other counts. Defendants were found to be armed at the time of commission of the offenses and under circumstances to bring them within Penal Code sections 3024 and 12022 for counts H, IV and VI, but not within those sections for counts I and III. Chapman was found to be armed when arrested, while Beaumaster was found not to be armed when arrested. One of Beaumaster’s prior felony convictions was found to be true. His motion for a new trial was denied. Probation was…

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