Young
People v. Young
Opinion
Opinion
White, J.
On November 3, 1976, in the City of Seaside, Dennis Volk was robbed at gunpoint while clerking at Mai’s Market. By information in count one, appellants Kenneth Edward Young, Gregory Ray Pickens and one Brainard Dennis Canty were jointly charged with the robbery of Mr. Volk.
On November 7, 1976, Delmar Bear was robbed at gunpoint while he was clerking at Broadway Liquors, also located in the City of Seaside. Count two of the aforestated information charged appellant Pickens, along with Canty, with the robbery of Mr. Bear. Both robberies were the daylight variety; and in each count Mr. Canty was designated as the gunman by appropriate “use” clauses. (Pen. Code, §§ 12022.5 and 1203.06.)
Five or six hours after Mr. Volk was robbed, appellant Young was arrested in nearby Sand City Beach. At the beach, he was arrested as he conversed with a female companion while occupying the driver’s seat of a “black and white” automobile. While the vehicle only generally matched the eyewitness description furnished the police, it did bear the identical license number of the sought after “getaway car.” No incriminating evidence was found on the person of Mr. Young.