Curtis

In 1963 a jury found Curtis and West guilty on count I of kidnaping one Charles and Mrs. Carter for the purpose of robbery (§ 209, Pen. Code) and on count II, of first degree robbery (§ 211, Pen. Code); it further found that there was no bodily harm as a result of the kidnaping, and both defendants were armed at the time of the commission of the offenses. Curtis admitted to be true the allegation that he had suffered a prior felony conviction (§ 11530, Health & Saf. Code). Defendants appealed from the judgment of conviction but subsequently abandoned the appeal, and the same was dismissed at their request. On defendants’ application to recall remittitur the California Supreme Court on May 28, 1971, transferred the cause to this court to recall remittitur, vacate order dismissing the appeal, appoint counsel and determine the appeal in light of People v. Daniels, 71 Cal.2d 1119 [ 80 Cal.Rptr. 897 , 459 P.2d 225 ], People v. Mutch, 4 Cal.3d 389 [ 93 Cal.Rptr. 721 , 482 P.2d 633 ], and People v. Timmons, 4 Cal.3d 411 [ 93 Cal.Rptr. 736 , 482 P.2d 648 ]. Such order was issued by this court on June 18, 1971.

On November 14, 1962, between 9 and 10 p.m. Charles was driving with…