Alarcon

People v. Alarcon

Good Law
19 Cal. Rptr. 667·1962 Cal. App. LEXIS 2786·200 Cal. App. 2d 860
Court of Appeal of CaliforniaMarch 2, 1962Crim. No. 4011California443 words

Opinion

Lead Opinion

Draper, J.

Appellant and his codefendant, Mitchell, were found guilty by a jury of three counts of robbery (Pen. Code, § 211). Concurrent terms were imposed on each defendant. Both appealed from the judgment and order denying new trial, but the appeal of Mitchell was dismissed for failure *861 to file an opening brief. Appellant, although represented at trial by court-appointed counsel, did not ask appointment of an attorney here. He has filed a brief in propria persona.

There is evidence that the two defendants entered a bar and ordered drinks. Mitchell went to the restroom and returned displaying a revolver. He announced “this is a holdup,” and ordered the two owners and two customers to lie on the floor. Appellant went behind the bar and took the money from the cash register. Mitchell took the wallets of three of the persons on the floor. Two of the wallets contained currency, which he removed. Appellant left the bar. A few moments later an automobile horn sounded. Mitchell ordered those present to remain still, and left.

Three witnesses identified defendants as the robbers. One witness testified that on the day after the robbery appellant said that he and Mitchell had committed the…

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