People v. Baldwin

Opinion

STEPHENS, Acting P. J.

Defendant appeals from his conviction under Penal Code section 211 (robbery) with the use of a firearm within the meaning of Penal Code sections 12022.5 and 1203.06, subdivision (a)(1).

Statement of Facts

At trial, testimony by prosecution witness tended to show the following facts: At 12:45 a.m. on November 25, 1977, defendant drove into a gas station at Vermont and Imperial in Los Angeles. After putting $10 worth of gasoline into his automobile, he approached the cigarette booth and asked for a carton of cigarettes. The attendant, a larger man than the defendant,…