People v. Smith

By information appellant was charged with murder in violation of section 187 of the Penal Code. Appellant stipulated to submit his case to the court for decision on the basis of the reporter’s transcript of the preliminaiy hearing; he was found guilty of murder in the first degree. Appellant was sentenced to state prison for the term prescribed by law. His appeal raises three main contentions for reversal: that the trial judge failed to inform appellant that his stipulation to submit his case to the court for decision on the transcript of the preliminary hearing was tantamount to a plea of guilty; that the murder prosecution was precluded by appellant’s prior robbery conviction since the same transaction played a significant part in both offenses; and that the court lacked the power to sentence appellant on the murder conviction because he still was serving a sentence on his robbery conviction.

On the evening of Decefnber 27, 1974, Larry Tanksley walked into a liquor store in Fresno, California, with a .38 caliber snub-nosed pistol with the intent to rob. The liquor store was owned by Thomas Kubota and gunfire was exchanged between the robber and the proprietor; Tanksley…