Miles

By information Prince (also known as Lynell Johnson), Miles and Byrd were jointly charged with attempted robbery (Pen. Code, § 211) and driving or taking a motor vehicle without the owner’s consent (Veh. Code, § 10851). Miles was charged with being armed at the time of the offense and also with two priors. Defendants pleaded not guilty and waived a jury.

On motion of the district attorney, Prince’s trial was severed from that of the other two. He was tried first and found guilty on both counts. Thereafter Miles and Byrd were jointly tried by the same judge who tried Prince and were found guilty on both counts. The court made no finding on the allegation that Miles was armed but did find that he had suffered two prior convictions as alleged. Applications for probation were denied and defendants were sentenced to state prison, sentences on each count to run concurrently. Prince and Miles have appealed from the judgments of conviction.

Prince Appeal

On December 9, 1966, defendant Miles went into Gross Furs, a store owned by Mr. and Mrs. Bosenberg, and stated that he was looking for a fur for his wife. After looking at some pieces, including one which Mr. Rosenberg brought out from…