Blake

Defendant, together with Richard Underwood and William Croxall, was indicted for an alleged violation of Penal Code section 211 (robbery); Penal Code section 217 (assault with a deadly weapon with intent to commit murder), and violation of Health and Safety Code section 11500 (possession of narcotics). Croxall pleaded guilty to robbery, first degree, and also guilty to the lesser included offense of assault with a deadly weapon. Disposition of the charges against Underwood does not appear in the record before us. Defendant waived jury trial and in trial before the court he was found guilty of robbery, first degree, and of assault with a deadly weapon. Defendant was found not guilty of the charge of possession of narcotics. The defendant contends on this appeal that the evidence is insufficient to sustain his conviction. He argues that his guilt was not established beyond reasonable doubt. We do not weigh the evidence to redetermine this issue. The test we must apply to the appeal is whether there is substantial evidence to support the conclusion of the trier of fact. It is not whether guilt is established beyond a reasonable doubt (People v. Daugherty, 40 Cal.2d 876, 885 [ 256…