People v. Jackson

A jury found defendant guilty of four counts of first degree robbery (Pen. Code, § 211) as charged in counts I through IV of the information, and one count of attempted robbery (Pen. Code, §§ 664, 211) as charged in count V. The jury further found that defendant had used a firearm in the commission of each count. (Pen. Code, § 12022.5). Probation was denied. Defendant was sentenced to state prison on each count, the sentences on counts I through IV to run concurrently with each other. The sentence on count V was ordered to run consecutively to those on the other four counts. Defendant was credited with having already served 146 days. He appeals from the judgment.

The incident which gave rise to counts I, II, and III took place at the Hula Hut Bar on September 3, 1973. Harold Chandler, the victim of count II, and Paul Malo, the victim of count III, both identified defendant as one of several young men who held them up at gunpoint. Karen B., the victim of count I, was unable to identify anyone involved in the robbery. Malo testified that defendant had a handgun. Chandler was pretty certain that defendant had a handgun. He thought all of the robbers were armed with…