Jones

People v. Jones

Good Law
126 Cal. App. 3d 308·178 Cal. Rptr. 818·1981 Cal. App. LEXIS 2418
Court of Appeal of CaliforniaNovember 23, 1981Crim. 13500California2,904 words

Opinion

Opinion

Wiener, J.

Mark Anthony Jones appeals from a judgment of conviction based upon a plea of guilty to one count of theft of a cred-. it card (Pen. Code, § 484e, subd. (I)) and jury verdicts finding him guilty of robbery (§ 211) and carrying a concealed weapon without a li cense in a vehicle (§ 12025, subd. (a)). Jones contends: (1) his arrest and the vehicle search were unlawful; (2) he had a constitutional right to the assistance of counsel at his in-the-field identification; (3) the trial court erred in denying his motion to sever the robbery and firearm possession counts; and (4) imposition of sentence for the upper term on the robbery count was based on an erroneous finding he was armed or used a weapon in committing that crime. We conclude these contentions are without merit and therefore affirm the judgment.

Factual Background

The Robbery

Susan Connelly, a nurse at Santa Rosa General Hospital, got off work shortly after midnight on September 9, 1979. As she walked across the street to the parking lot, Connelly noticed a passing car which soon stopped in the lot. She got into her car and locked the door. Two black males, one wearing dark colored clothes and the other dressed in…

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