PEOPLE v. DRAKE

Docket No. Crim. 19418.

19 Cal.3d 749 (1977)

566 P.2d 622

139 Cal. Rptr. 720

THE PEOPLE, Plaintiff and Appellant, v. FRED AUSTIN DRAKE, Defendant and Respondent.

Supreme Court of California.

July 25, 1977.


Attorney(s) appearing for the Case

COUNSEL

John K. Van de Kamp, District Attorney, John E. Howard, Acting District Attorney, Harry B. Sondheim and Daniel L. Bershin, Deputy District Attorneys, for Plaintiff and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, Norman H. Sokolow and Howard J. Schwab, Deputy Attorneys General, William S. Smith, District Attorney (Fresno), and Brinton N. Bowles, Assistant District Attorney, as Amici Curiae on behalf of Plaintiff and Appellant.

Wilbur F. Littlefield and Richard S. Buckley, Public Defenders, John M. Moore, Chief Deputy Public Defender, Harold E. Shabo, Francis J. Bardsley and Dennis A. Fischer, Deputy Public Defenders, for Defendant and Respondent.


OPINION

MOSK, J.

The People seek to appeal a ruling of the Superior Court of Los Angeles County modifying a finding that defendant was guilty of robbery (Pen. Code, § 211) to a finding that he was guilty of grand theft from the person of another (Pen. Code, § 487, subd. 2). The People contend that the trial judge acted solely out of a desire to exercise leniency toward defendant, rather than from an assessment of the evidence...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases