PEOPLE v. GRAHAM

Docket No. 6825.

57 Cal.App.3d 238 (1976)

129 Cal. Rptr. 31

THE PEOPLE, Plaintiff and Respondent, v. RICK MITCHELL GRAHAM, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division One.

April 12, 1976.


Attorney(s) appearing for the Case

COUNSEL

Harold F. Tyvoll and Fredric G. Dunn, under appointment by the Court of Appeal, for Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Daniel J. Kremer, Assistant Attorney General, Karl J. Phaler, Harley D. Mayfield and Susan V. Cook, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

BROWN (Gerald), P.J.

Rick Mitchell Graham appeals a judgment following a jury trial in which he was convicted of second degree robbery (Pen. Code, § 211). He was sentenced to prison for the term prescribed by law.

On September 15, 1973, Graham entered Bob's Dari Fresh, looked around and left. He returned in a few minutes and shopped. Instead of paying after the sale had been rung up, he told the clerk "Put the...

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