Utter

Thomas Edward Utter was charged with (count I) murder (Pen. Code, § 187), (count II) robbery (Pen. Code, § 211) and three counts (counts III, IV and V) of grand theft (Pen. Code, § 487, subd. 1). With respect to the charges of murder and robbery and one count of grand theft, it was alleged that the defendant was armed with a 9 mm. Browning pistol. The defendant’s motion to suppress evidence (Pen. Code, § 1538.5) was denied. Defendant pleaded not guilty and was tried by a jury. His motion for acquittal (Pen. Code, § 1118.1) was granted as to one count (count III) of grand theft. He was found guilty of murder first degree, robbery first degree, and two counts of grand theft; the jury found that he was armed at the time of the murder and the robbery.

The jury became deadlocked as to the murder penalty and, pursuant to the prosecution’s recommendation, the court ordered imposition of a life sentence. The defendant’s motion for new trial and probation were denied, and defendant was sentenced to life imprisonment as to the murder count and for the term prescribed by law as to all other counts. Execution of the sentences as to counts II and III was ordered stayed until…