People v. Mendietta, Cr. 2697
Decision Date | 19 January 1951 |
Docket Number | Cr. 2697 |
Citation | 226 P.2d 34,101 Cal.App.2d 788 |
Court | California Court of Appeals Court of Appeals |
Parties | PEOPLE v. MENDIETTA. |
Jerome L. Schiller, Henry M. Jonas, San Francisco, for appellant.
Fred N. Howser, Atty. Gen., David K. Lener, Deputy Atty. Gen., for respondent.
Appellant was arraigned before the committing magistrate upon a complaint charging him and two others with the crime of robbery. The complaint included the allegations 'said defendant(s) at the time of the commission of the said offense being armed with a deadly weapon, towit: a revolver.' Appellant pleaded guilty before the magistrate as permitted by section 859a Penal Code and the matter was certified to the superior court. The judge of the superior court determined the robbery to be in the first degree and imposed sentence.
The sole issue raised on the appeal is that the judge in fixing the degree of the crime failed to take evidence as required by law. Pen. C. sec. 1192; People v. Bellon, 180 Cal. 706, 182 P. 420; People v. Stratton, 133 Cal.App. 309, 24 P.2d 174; People v. Paraskevopolis, 42 Cal.App. 325, 183 P. 585.
Since robbery while armed with a deadly weapon is robbery in the first degree, Pen. C. sec. 211a, and since the complaint alleged that the defendants in the commission of the robbery were 'armed with a deadly weapon, towit: a revolver', it is plain that the complaint charged the defendants with the commission of robbery in the first degree. The plea of guilty admitted all of the elements of the crime as charged. People v. Brown, 140 Cal.App. 616, 619, 36 P.2d 194; People v. Hall, 87 Cal.App. 634, 636, 262 P. 50.
In People . Paraskevopolis, supra, a case relied on by appellant, the court said at page 330 of 42 Cal.App., at page 587 of 183 P.:
Similarly in Ex parte Haase, 5 Cal.App. 541 at page 543, 90 P. 946 at page 947, we read: ...
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Jackson v. State
...guilty is an admission of defendant's guilt and of every element of the offense charged and the degree of the crime. People v. Mendietta, 101 Cal.App.2d 788, 226 P.2d 34.' In the light of the foregoing authorities, the record in the instant case is conclusive that the conviction and commitm......
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Jones v. Cummings
...hearing as set out in the statute. Hunter v. United States, supra; People v. Martin, 78 Cal.App.2d 340, 177 P.2d 813; People v. Mendietta, 101 Cal.App.2d 788, 226 P.2d 34; People v. Stack, 391 Ill. 15, 62 N.E.2d 807, certiorari denied 326 U.S. 792, 66 S.Ct. 477, 90 L.Ed. 481; State v. Woods......
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People v. Crawford, Cr. 3658
...no reason appears why the court should resort to evidence to fix the degree which he has already admitted by the plea. People v. Mendietta, 101 Cal.App.2d 788, 226 P.2d 34; People v. Selz, 138 Cal.App.2d 205, 291 P.2d 186. Furthermore, the question of whether or not the trial court had a du......
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People v. McZeal
...with a dangerous weapon or a deadly weapon. Bearing upon appellant's first issue above set forth, we find in People v. Mendietta, 101 Cal.App.2d 788, 790, 226 P.2d 34, 35, the following 'There the defendant pleads guilty to a charge which from the allegations of the complaint, indictment or......