People v. Smyers

Opinion

JEFFERSON, Acting P. J.

A jury found defendant guilty of burglary, rape and two counts of first degree robbery. As to the robbery counts, the verdicts each contained the additional finding that defendant was armed at the time of the commission of the offense. Defendant appealed and, in People v. Smyers, 261 Cal.App.2d 690 [68 Cal.Rptr. 194], the judgment was reversed “for the purpose only of rearraigning appellant for judgment under circumstances which will accord to him his constitutional right to counsel at that time.” Upon his return to superior court, the court entertained a motion…