255 Cal.App.2d 285, 10856, People v. Alvarado

Docket Nº:10856
Citation:255 Cal.App.2d 285, 62 Cal.Rptr. 891
Opinion Judge:[10] Jefferson
Party Name:People v. Alvarado
Attorney:[7] George V. Denny III, under appointment by the Court of Appeal, for Defendant and Appellant. [8] Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and David W. Halpin, Deputy Attorney General, for Plaintiff and Respondent.
Case Date:October 23, 1967
Court:California Court of Appeals
 
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Page 285

255 Cal.App.2d 285

62 Cal.Rptr. 891

The PEOPLE, Plaintiff and Respondent,

v.

Peter Richard ALVERADO, Defendant and Appellant.

Cr. 10856.

California Court of Appeal, Second District, Fourth Division

Oct. 23, 1967.

Page 286

George V. Denny III, Beverly Hills, under appointment by the Court of Appeal, for defendant and appellant.

Thomas C. Lynch, Atty. Gen., William E. James, Asst. Atty. Gen., David W. Halpin, Deputy Atty. Gen., for plaintiff and respondent.

JEFFERSON, Associate Justice.

This is an appeal by Peter Alvarado from the judgment entered upon his conviction by a jury of two counts of robbery (Pen.Code § 211). He was tried together with one Robert Frazer who was also convicted of two counts of robbery but who does not appeal.

Both defendants were charged in a single information which alleged three counts: Count one charged Frazer alone, alleging that, on August 18, 1964, he robbed P. Gregorio of $493. Count two charged Alvarado alone. It alleged that he robbed William Minyard, Jr., of $141.23 on August 24, 1964. In count three both defendants were jointly charged with robbing David Burks of $90 on September 9, 1964.

Page 287

Before the jury was impaneled, Alvarado moved to have count one (which as indicated charged only his codefendant) severed and tried separately. In support of the motion, Alvarado's counsel argued that, because of the similarity of the crimes, the jury might be prejudiced against his client if it found Frazer was guilty of count one. The court denied the motion. Alvarado assigns this as error. The evidence subsequently introduced at the trial showed, as defense counsel had pointed out, a pattern of robberies each strikingly similar.

With respect to count one, on August 18, 1964, at about 8:45 p.m., Frazer entered a grocery store located at 5658 Clara Street, Bell Gardens. He picked up a few items and approached the checkstand. He handed Mr. Gregorio, the proprietor, a one dollar bill in payment for the merchandise. When Gregorio turned back around he saw that Frazer had pulled out a short chrome-plated gun. Frazer ordered him to hand over all the bills. Gregorio complied and Frazer stuffed the money in his pockets. He ordered Gergorio to walk to the back of the store and then left.

As to count two, the evidence showed that, on August 24, 1964, William Minyard was working at a checkstand in Von's Market located at Paramount and Florence in Downey (about two miles from Gregorio's grocery store). At about 8:15 p.m. that evening, Alvarado approached his checkstand carrying a carton of cigarettes. After he 'rang them up' and stated the price, Alvarado pulled out a white-handled gun, told Minyard it was 'a holdup' and ordered him to put the money in a paper sack which he produced. Minyard did as directed and Alvarado then ordered him to walk to the back of the store. He did not see Alvarado leave. Minyard indicated that there was 'somebody' with Alvarado but he did not get a good look at the person and was not able to make any...

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