Collins

People v. Collins

Caution
118 Cal. Rptr. 864·1975 Cal. App. LEXIS 963·44 Cal. App. 3d 617
Court of Appeal of CaliforniaJanuary 16, 1975Crim. 7370California3,734 words

Opinion

Opinion

Friedman, J.

Defendant appeals after a jury trial resulted in his conviction of robbing the Bank of America on May 25, 1973, and robbing the Crocker Bank on June 15, 1973. In connection with the latter offense the jury found that defendant had intentionally inflicted great bodily injury (Pen. Code, § 213) and had used a firearm (Pen. Code, § 12022.5). Although confederates participated in both holdups, defendant was tried alone.

I

At the outset we consider defendant’s objection to the “great bodily injury” finding. Penal Code section 211a elevates robbery from the second to the first degree when it is committed by a person armed with a deadly or dangerous weapon. Section 213 imposes a sentence of five years to life for first degree robbery but augments the minimum term to fifteen years when the robber intentionally inflicts great bodily harm on the victim.

According to witnesses, the Crocker Bank holdup was committed by four men. All were black; all were wearing ski masks; all were armed, one with a sawed-off shotgun, the other with pistols. During the holdup the robbers pistol-whipped several bank employees, struck others with the butt of the shotgun and fired several shots in the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.