Preston

People v. Preston

Good Law
13 Cal. Rptr. 223·192 Cal. App. 2d 86·1961 Cal. App. LEXIS 1909
Court of Appeal of CaliforniaMay 12, 1961Crim. No. 7106California433 words

Opinion

Lead Opinion

Ashburn, J.

Defendant Preston, appearing in propria persona, appeals from a judgment of conviction of robbery of the first degree. His codefendant Sim held up the cashier of a beauty salon while appellant awaited him in an automobile parked across the street and drove Sim away as soon as he returned with the money which had been stolen at point of gun.

Throughout the trial appellant was represented by a deputy public defender of Los Angeles County. After the conviction the public defender, exercising the discretion vested in him by section 27706, subd. (a), Government Code, 1 declined to handle defendant’s appeal. We appointed Joseph M. Rosen, Esq., as counsel for appellant and later upon request of that attorney relieved him, his application being based upon his opinion that the appeal presents only a question of fact and the finding of guilt is supported by substantial evidence, appellant not having testified.

No brief has been filed. The court has carefully examined the record with the result that it concurs in the judgment of the public defender and that of Mr. Rosen and finds no merit in the appeal.

While the robbery was accomplished by defendant Sim alone, appellant Preston was…

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