In Re Bryant

Petition for writ of habeas corpus.

The above entitled proceeding previously pending in the Court of Appeal, Third District, was transferred to this court by order of the Supreme Court dated April 26, 1971.

*935 In February of 1965, petitioner was convicted on count II of an information charging robbery (Pen. Code, § 211), and on four counts of kidnaping for the purpose of robbery (Pen. Code, § 209). The named victim of the robbery was one Copeland. Each of the four kidnaping counts alleged a different victim identified as follows: Count I—Beard; count III—Copeland; count IV—Gulsrud; and count V—Hawkins.

As indicated, petitioner was found guilty on all five counts as charged. The allegations that petitioner was armed with a deadly weapon were found to be true and the robbery was found to be of the first degree. Petitioner was sentenced to state prison on count III for the kidnaping of Copeland for the purpose of robbery, and on all the remaining counts the imposition of sentence was suspended.

The record reveals that the transaction involved was a daylight armed robbery of a J. C. Penney store located in Santa Monica. The victim Beard arrived on the premises first,…

I concur in the order of the court but am not content to rest my agreement upon the ground emphasized by the majority that “Copeland’s abduction, accompanied by petitioner’s threat to kill him if the police were called, substantially increased the risk of harm to him far beyond that inherent in the crime of robbery. (People v. Timmons, supra, 4 Cal.3d at p. 415; People v. Ellis, 15 Cal.App.3d 66 [ 92 Cal.Rptr. 907 ]; People v. Stathos, 17 Cal.App.3d 33 [ 94 Cal.Rptr. 482 ], and decisions therein cited.)”

The facts show as the majority state that “Manifestly, appellant entertained the intent to commit robbery continuously from the moment he entered the J. C. Penney store until he and his confederates reached their ‘place of temporary safety’ in Pacific Palisades. (Cf. People v. Tribble, 4 Cal.3d 826 [ 94 Cal.Rptr. 613 , 484 P.2d 589 ].)”

Thus, the “abduction” at bench was not an incidental part of the crime. The facts at bench demonstrate as they did in Stathos (p. 39), that asportation was an integral, “. . . even necessary, part of the criminal project, for without it there could be no robbery, at least in the manner planned. . . .” (Cf. People v. Carroll, 1 Cal.3d 581, 585 […

Petition for writ of habeas corpus.

The above entitled proceeding previously pending in the Court of Appeal, Third District, was transferred to this court by order of the Supreme Court dated April 26, 1971.

In February of 1965, petitioner was convicted on count II of an information charging robbery (Pen. Code, § 211), and on four counts of kidnaping for the purpose of robbery (Pen. Code, § 209). The named victim of the robbery was one Copeland. Each of the four kidnaping counts alleged a different victim identified as follows: Count I — Beard; count III — Copeland; count IV — Gulsrud; and count V — Hawkins.

As indicated, petitioner was found guilty on all five counts as charged. The allegations that petitioner was armed with a deadly weapon were found to be true and the robbery was found to be of the first degree. Petitioner was sentenced to state prison on count III for the kidnaping of Copeland for the purpose of robbery, and on all the remaining counts the imposition of sentence was suspended.

The record reveals that the transaction involved was a daylight armed robbery of a J.C. Penney store located in Santa Monica. The victim Beard arrived on the…