Spangler
People v. Spangler
Opinion
Opinion
Franson, J.
Defendants appeal from judgments convicting them of four counts of armed robbery and one count of auto theft, contending that the trial and convictions were barred under the jeopardy doctrine and that the prosecution and sentences violated Penal Code section 654.
Facts
Defendants and a young woman acting in concert robbed a drugstore in Bakersfield on January 21, 1979. They held up the druggist and three clerks at gunpoint, taking about $700 in cash and about $700 worth of controlled drugs and drug paraphernalia. As they departed the drugstore they also stole a car belonging to the druggist.
On the night of the following day the trio were arrested at a motel in Burbank on suspicion of dealing in controlled substances. Subsequently defendants were charged by information filed in the superior court in Los Angeles County with four counts of unlawful possession of controlled substances and four counts of unlawful possession of controlled substances for sale. A jury found them guilty on all counts. The trial court set aside the verdicts on the four counts of simple possession and entered judgments on the remaining verdicts, convicting defendants of the four counts of…