Flores

People v. Flores

Good Law
1968 Cal. App. LEXIS 2315·262 Cal. App. 2d 313·68 Cal. Rptr. 669
Court of Appeal of CaliforniaMay 20, 1968Crim. 13586California3,272 words

Opinion

Opinion

Hufstedler, J.

Defendant appeals from a judgment convicting him of two counts of armed robbery (Pen. Code, § 211). He contends that the court erred in rejecting his defenses of prior conviction and double jeopardy in respect of count I and that his conviction on count III violated Ms constitutional rights to a speedy trial and denied him due process. The evidence of defendant’s guilt upon the counts of which he was convicted was clearly adequate, and the defendant does not contend otherwise. All of the questions presented on appeal grow out of a tangle of procedural problems.

On May 16, 1966, a complaint was filed charging defendant with three counts of armed robbery: Count I charged him with robbing Robert P. Lewin on May 10, 1966; count II charged him with robbing Brenda Hunt on May 5, 1966; and count III charged him with robbing Gladys Pearl Lytle and Dorothy Fern Johnson on April 27, 1966. On May 12, 1966, defendant was arraigned in the municipal court, and he appeared with a public defender. At the commencement of the proceeding, the public defender told the court that the defendant insisted on waiving his right to a preliminary hearing, his right to trial by judge or jury, and that…

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