PEOPLE v. SHAWVER

Docket No. 10352.

235 Cal.App.2d 859 (1965)

45 Cal. Rptr. 767

THE PEOPLE, Plaintiff and Respondent, v. DONALD KENT SHAWVER, Defendant and Appellant.

Court of Appeals of California, Second District, Division Four.

July 20, 1965.


Attorney(s) appearing for the Case

Simi Dabah and Burton Marks, under appointment by the District Court of Appeal, for Defendant and Appellant.

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and S. Clark Moore, Deputy Attorney General, for Plaintiff and Respondent.


KINGSLEY, J.

Defendant was charged with a violation of section 211 of the Penal Code (robbery from the person), with three priors. He admitted the priors and, after a trial to the court, was found guilty, it being stipulated that the robbery was in the second degree. A motion for new trial was denied, probation was denied and he was sentenced to state prison.

The prosecuting witness (Alessandro) testified that, between 1 and 2 a.m., while he was walking westerly...

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