Killman

Defendant Dee William John Killman appeals from the judgment entered on jury verdicts finding him guilty of first degree robbery (Pen. Code, § 211) and possession of a concealable firearm by a felon (Pen. Code, § 12021). After denying a motion for new trial, the court sentenced defendant to prison on both counts for the term prescribed by law, the sentences to run concurrently to each other but consecutively to any incomplete prior terms. The judgment contains a finding, based on defendant’s pretrial admission, that he had suffered five prior felony convictions. Killman was also charged with and tried for murder, but the juiy was unable to reach a verdict as to that offense. It was later dismissed on motion of the prosecution.

Defendant contends:

At oral argument Killman’s counsel also argued that the decision in People v. Antick, 15 Cal.3d 79 [ 123 Cal.Rptr. 475 , 539 P.2d 43 ], compelled a reversal of his convictions.

Facts

Willie Chappell conceived a plan to rob the Boulevard Card Room on El Cajon Boulevard in San Diego which he conveyed to defendant Killman. After driving to the area of the cardroom in Killman’s pick-up truck, Chappell would enter and rob the…