Opinion
Hearing Granted Sept. 1, 1960.
Opinion vacated 10 Cal.Rptr. 632.
Albert Leroy Malbrough and Willie Grant in Pro. per.
No appearance for Respondent.
PER CURIAM.
Albert Leroy Malbrough and Willie Grant were accused by information of robery and in a jury trial in which they were represented by a deputy public defender were convicted. It was alleged that Malbrough had previously served a sentence in state prison for violation of section 11500, Health and Safety Code and that Grant had served sentences for armed robbery, rape and grand theft. Both defendants admitted the prior convictions as alleged. Both defendants have appealed from the judgments. Malbrough requested appointment of counsel on the appeal. The application was denied for the reason that representation by counsel would serve no good purpose, as will hereinafter appear. After notification to Malbrough of the denial of his application and of an extension of his time to file a brief, none has been filed.
There was evidence of the following facts: At about 8:45 p. m. Thomas Olgin was walking on Stanford Avenue in Los Angeles intending to take a street car toward his home at 457 South Evergreen. Thomas was drunk. The two defendants grabbed him, held his arms, took his wallet and some loose change from a pocket. Thomas did not remember whether he had some bills in the wallet. Officers Russell and Sakoda, on patrol, were driving by; they watched defendants struggling with Olgin, saw Malbrough holding Olgin while Grant ran his hands over Olgin's clothing; saw Malbrough throw Olgin to the sidewalk and pick him up. Grant placed a hand in each of Olgin's front pockets. Defendants were apprehended by the officers. They explained they were helping Olgin to his hotel down the street. The officers saw Grant place his hand in his right front pocket and found a wad of seven dollar bills and some small change in the pocket. On the ground next to Grant's boot they found the wallet. Defendants were arrested.
Defendants testified that Olgin had requested them to take him home, on 4th Street, a few blocks away and that they were assisting him home. Olgin testified that he had not asked for assistance. 457 South Evergreen, where Olgin lived, is about 8 miles distant from the scene of defendants' arrest.
Upon the hearing of a motion for a new trial the judgments were reduced to grand theft from the person. The court found that defendants had suffered the prior convictions as alleged. They were sentenced to state prison.
The judgments are affirmed.