Jardine

People v. Jardine

Bad Law
116 Cal. App. 3d 907·172 Cal. Rptr. 408·1981 Cal. App. LEXIS 1554
Court of Appeal of CaliforniaMarch 16, 1981Crim. 36901California4,986 words

Opinion

Opinion

Files, J.

— Appellants Eddy Gayland Rucker, Allan Deal Pridgen and Frankie Lee Jardine were jointly charged with the crime of robbery. (Pen. Code, § 211.) In addition Jardine was charged with personally using a firearm, to wit, a shotgun (Pen. Code, § 12022.5), and Rucker and Pridgen were charged with being armed with a shotgun. (Pen. Code, § 12022, subd. (a).) Following denial of a motion to suppress Jardine entered a plea of guilty to the charge. After a jury trial Pridgen was found guilty as charged and a mistrial was declared as to Rucker. Following a second jury trial Rucker was found guilty as charged. Each appeals from the judgment imposed.

Facts

On August 11, 1979, at about 11 p.m., Joseph Wasley was in his store, Mac’s Market, in the City of Burbank when Pridgen and Jardine walked in. Jardine pointed a sawed-off shotgun at Wasley, and Pridgen ordered him to fill up a paper bag. Wasley emptied his cash register and put about $39 in the bag. After the two were convinced that Wasley had no floor safe, they left.

Wasley then picked up his gun and ran out the door “to see where they went to.” When he found he could not see anyone, he returned to the store and told his wife…

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