Airheart

This is an appeal from a judgment of conviction of robbery in the first degree.

In an information filed in Los Angeles on October 21, 1965, appellant herein and Charles Doescher were jointly charged with robbing Robert Pearce on September 24, 1965, of about $1,700 in money. It was further charged that at the time of the commission of the offense defendants were armed with a deadly weapon and further that at the time of the arrest said defendants were armed with deadly weapons. It was also charged that appellant previously had been convicted of burglary in the State of Louisiana in February 1964 and had served in prison therefor. Doescher pleaded guilty to first degree robbery; the allegation with reference to being armed at the time of the commission of the offense as to him was stricken upon motion of the district attorney. Appellant pleaded not guilty and ultimately admitted the charge of the prior conviction. In a jury trial appellant was found guilty of robbery in the first degree and of being armed at the time of his arrest and of not being armed at the time of the commission of the offense. He was sentenced to the state prison for the term prescribed by law. A timely notice…