Martin

On June 21, 1965, Joseph Correia Martin was charged by amended information with two counts of robbery, in violation of Penal Code, section 211 and four counts of kidnaping for the purpose of robbery, in violation of Penal Code, section 209. The information also alleged 11 prior felony convictions for breaking and entering, larceny, robbery and burglary, forgery, and fraudulent possession of checks (violation of Pen. Code, § 475a).

Martin pleaded not guilty and admitted his priors. The jury found him guilty as charged, fixed the two robbery counts as first degree, and found that he was armed at the time of the commission of the offenses. The court found Martin not to be an habitual criminal within the meaning of Penal Code, section 644, subdivision (a), found three priors to be inapplicable because of Martin’s youth at time of conviction, and sentenced him to state prison on the two robbery counts, sentences on the other counts to run concurrently with stays of execution granted in accordance with the rules set forth in People v. Niles, 227 Cal.App.2d 749, 755 [ 39 Cal. Rptr. 11 ].

At approximately midnight on February 28, 1965, Martin entered the Shrimp House, a cafe in…