People v. Andrews

Opinion

JANES, J.

Defendant appeals from the judgment entered upon a verdict finding him guilty of the first degree robbery of a service station. (Pen. Code, *43§ 211.) The amended information alleged one prior conviction, which defendant admitted upon arraignment. The order denying a new trial is reviewable with the judgment, but is not itself appealable, and defendant’s appeal from that order must be dismissed. (People v. Wilson (1965) 238 Cal. App.2d 447, 450 [48 Cal.Rptr. 55].)

At approximately 1:50 a.m. on March 14, 1969, an automobile occupied by five males drove into a service station near…