Jones
People v. Jones
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…