Burnett

People v. Burnett

Good Law
111 Cal. App. 3d 661·168 Cal. Rptr. 833·1980 Cal. App. LEXIS 2393
Court of Appeal of CaliforniaNovember 3, 1980Crim. 36677California1,789 words

Opinion

Opinion

Woods, J.

Defendant has appealed from his conviction of four counts of violation of Penal Code section 211, robbery. As to each count, the jury found true the allegation that he personally used a firearm in the commission of the offenses. Appellant admitted three prior felony convictions. Appellant was sentenced to state prison for a term of 13 years, the sentences on each count to run consecutively to each other and consecutively to any other term appellant may have been serving.

Eyewitness testimony established that on January 24, 25 and 28, 1978, appellant robbed employees of three supermarkets at gunpoint. On January 31, 1978, he and Robert Crane, a codefendant in count IV, robbed a woman at her home. Each of the victims positively identified appellant as the perpetrator, and the sufficiency of the evidence supporting each conviction is not challenged on appeal.

Appellant seeks reversal of his conviction for the following reasons:

I

On November 22, 1978, appellant’s motion to proceed in propria persona was granted. Following numerous continuances at appellant’s request, the matter came on for trial on October 10, 1979. On that date, before a jury panel was brought into the…

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