People v. Mendietta

Appellant was arraigned before the committing magistrate upon a complaint charging him and two others with the crime of robbery. The complaint included the allegation “said defendant(s) at the time of the commission of the said offense being armed with a deadly weapon, to wit: a revolver.” Appellant pleaded guilty before the magistrate as permitted by section 859a Penal Code and the matter was certified to the superior court. The judge of the superior court determined the robbery to be in the first degree and imposed sentence.

The sole issue raised on the appeal is that the judge in fixing the…