King
People v. King
Opinion
lead Opinion
Peters, J.
Defendant was found guilty of robbery in the first degree. The court also found that defendant was armed with a deadly weapon at the time of the commission of the offense and that defendant on June 3, 1966, had suffered prior convictions of burglary and grand theft. He was sentenced to the state prison.
. The Court of Appeal affirmed his conviction. Upon petition for hearing to this court, we granted a hearing and directed that court to make appropriate modifications to the text of its opinion and to refile the same providing that the “judgment is modified by striking therefrom the finding that defendant was armed with deadly weapons as alleged, within the meaning of Penal Code section 12022. In all other respects the judgment is affirmed.” After the Court of Appeal filed a new opinion, the People petitioned for a hearing, and we granted the petition to consider this case along with the case of People v. Floyd, Crim. 13190, ante, p. 879 [ 80 Cal.Rptr. 22 , 457 P.2d 862 ].
The recitals in the judgment of conviction that defendant was armed with a deadly weapon should be modified to provide that at the time of the commission of the offense sections 3024 and 12022 of the Penal Code…