Faulkner

People v. Faulkner

Good Law
104 Cal. Rptr. 625·1972 Cal. App. LEXIS 763·28 Cal. App. 3d 384
Court of Appeal of CaliforniaOctober 30, 1972Crim. 10247California3,485 words

Opinion

Opinion

Kane, J.

conviction entered on jury verdicts finding him guilty of first degree robbery on two counts (Pen. Code, §§211 and 211a) and possession of a firearm by a felon (Pen. Code, § 12021) on two counts.

Facts

The facts giving rise to the above conviction grew out of two isolated robberies: robbery of Daniel Carmon Booth (“Booth”) on April 24, 1970 (“first robbery”) and robbery of David D. Jones (“Jones”) on January 10, 1971 (“second robbery”).

First robbery: Booth’s testimony concerning the first robbery can be summarized as follows: On April 24, 1970, at approximately 3 p.m., Booth was on duty as manager of the Royal Motel located on MacArthur Boulevard, Oakland. At that time a male Negro, about 5' 6"-5' 7" tall entered the motel office. He asked the price of a room. He wore a khaki wool “chuke” cap and had a short moustache and beard. Suddenly, he turned and pointed a revolver at Booth demanding all the money on hand. Booth opened the cash drawer and tire man took approximately $19 and then fled, from the well-lighted office. Booth identified appellant as the robber both at the pretrial lineups and in court.

Second robbery: On January 10, 1971, at about 5 a.m., Jones was…

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