Floyd

People v. Floyd

Good Law
1969 Cal. LEXIS 292·71 Cal. 2d 879·80 Cal. Rptr. 22·457 P.2d 862
Supreme Court of CaliforniaAugust 20, 1969Crim. No. 13190California2,103 words

Opinion

lead Opinion

Peters, J.

In these consolidated cases, defendant was charged with one count of attempted robbery and three counts of robbery. It was also charged that defendant had suffered a prior conviction for robbery and that as to each count defendant was armed with a deadly weapon. After a trial without a jury, defendant was found not guilty of two counts of robbery but was found guilty of attempted robbery in the first degree and robbery in the first degree. The trial court found that the prior was true and that defendant was armed with a deadly' weapon at the time of the commission of the two offenses for which he was found guilty.

After the determination of guilt, defendant waived a probation report and asked for immediate sentence, pointing out that he was a parole violator and would be going to state prison in any event. The court sentenced him to state prison on the two counts for which he was convicted and stated that both sentences should run concurrently. The order did not state whether the sentences - should be consecutive or concur *881 rent to the count being served. About three weeks later, the court apparently in the absence of defendant or counsel, entered an order reciting that its…

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