People v. Smith

A jury found defendant guilty of four counts of robbery and to be true allegations that he used a handgun in the commission of each offense (counts I, II, IV), and inflicted great bodily injury (count III); and that he had two prior felony convictions (murder, 1968; robbery with use of firearm, 1974). He appeals from the judgment.

On March 31 the apartment of Michael Milligan (count IV) was entered and ransacked in his absence, and personal property belonging to him and Bailey, a house guest, was stolen. (At trial defendant was wearing a pair of Bailey’s pants). Defendant parked a black Cadillac in the subterranean garage of Milligan’s apartment house leaving a blond woman (Debra Sue Phelps) standing by the car’s open door; when Milligan arrived home he saw the Cadillac which blocked entry to his parking space and defendant carrying his (Milligan’s) stereo equipment to the car; Milligan ran out and called his neighbors then saw defendant again at the side of the building holding a gun; defendant ran to the car which he and Phelps entered and sped away followed by Milligan’s neighbor Henry Yelda. Driving fast, erratically and dangerously to avoid apprehension, defendant…