192 Cal. App. 2d 86

[Crim. No. 7106.

Second Dist., Div. Two.

May 12, 1961.]

THE PEOPLE, Respondent, v. LEONARD FARRELL PRESTON, Appellant.

Leonard Farrell Preston, in pro. per., for Appellant.

No appearance for Respondent.

*87ASHBURN, J.

Defendant Preston, appearing in propria persona, appeals from a judgment of conviction of robbery of the first degree. His codefendant Sim held up the cashier of a beauty salon while appellant awaited him in an automobile parked across the street and drove Sim away as soon as he returned with the money which had been stolen at point of gun.

Throughout the trial appellant was represented by a deputy public defender of Los Angeles County. After the conviction the public defender, exercising the discretion vested in him by section 27706, subd. (a), Government Code,1 declined to handle defendant’s appeal. We appointed Joseph M. Rosen, Esq., as counsel for appellant and later upon request of that attorney relieved him, his application being based upon his opinion that the appeal presents only a question of fact and the finding of guilt is supported by substantial evidence, appellant not having testified.

No brief has been filed. The court has carefully examined the record with the result that it concurs in the judgment of the public defender and that of Mr. Rosen and finds no merit in the appeal.

While the robbery was accomplished by defendant Sim alone, appellant Preston was waiting in the getaway car, immediately drove Sim away from the scene and became an accessory to the crime and punishable as a principal. (People v. Beaulieu, 144 Cal.App.2d 536, 540 [301 P.2d 304]; People v. Silva, 143 Cal.App.2d 162, 169 [300 P.2d 25] ; People v. Kamm, 178 Cal.App.2d 863, 864-865 [3 Cal.Rptr. 387].) Much more could be said in support of the verdict but we deem it quite unnecessary.

Judgment affirmed.

Fox, P. J., and McMurray, J. pro tem.,* concurred.

People v. Preston
192 Cal. App. 2d 86

Case Details

Name
People v. Preston
Decision Date
May 12, 1961
Citations

192 Cal. App. 2d 86

Jurisdiction
California

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