Quinn

People v. Quinn

Bad Law
1964 Cal. LEXIS 232·39 Cal. Rptr. 393·61 Cal. 2d 551·393 P.2d 705
Supreme Court of CaliforniaJuly 14, 1964Crim. No. 7741California1,382 words

Opinion

lead Opinion

Traynor, J.

Defendant appeals from a judgment of conviction entered upon a jury verdict finding him guilty of first degree robbery (Pen. Code, §§ 211, 211a), theft of an automobile (Veh. Code, § 10851), and unlawful possession of narcotics (Health & Saf. Code, § 11500). He was sentenced to imprisonment in the state prison with the sentences to run concurrently on all three convictions.

Early in 1962, two masked men robbed the College Pharmacy in San Francisco, taking cash and narcotics. They escaped in an automobile stolen the previous night. Defendant was later identified as one of the two men and was indicted for armed robbery, automobile theft, and possession of narcotics. Defendant’s plea of guilty to the charge of robbery was accepted, and the court dismissed the two other charges on motion of the prosecution. A motion for probation was continued for hearing and determination. Thereafter, the court permitted defendant to withdraw his plea of guilty. The two other charges were reinstated, and defendant pleaded not guilty to all three.

A San Francisco probation officer testified over objection that defendant had previously been arraigned on the same *553 three charges and had pleaded…

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