Peters

Statement of the Case

Each defendant was charged by information in count I with the offense of robbery on March 10, 1968, it likewise being alleged that at the time of the commission of the offense defendants were armed with deadly weapons, to wit, rifles; violations of section 209 of the Penal Code (counts II and III) and in count IV with a violation of section 12020 of the Penal Code on April 25, 1968, it being alleged that the defendants had in their possession a sawed-off shotgun and a dirk.

Due to a conflict of interest in the public defender’s office, Walter Gordon was appointed by the court pursuant to the provisions of section 987a of the Penal Code to represent each of the defendants. Each pleaded not guilty, the case was set for trial and a hearing of a motion under Penal Code section 1538.5. The motions under Penal Code section 1538.5 were withdrawn, trial by jury was waived, and by stipulation the case was submitted on the testimony at the preliminary hearing. Each defendant was found guilty of robbery in the first degree and the armed allegation was found to be true as to each defendant. Defendants were found guilty of a violation of section 12020 of the…