People v. De La Plane

Opinion

JEFFERSON (Bernard), J.

Defendant appeals from a judgment convicting him of the offenses of robbery (Pen. Code, § 211) and murder (Pen. Code, § 187) following verdicts in a jury trial. Initially, an information was filed on September 27, 1976, charging defendant with having committed a robbery of Joel Irving Arisohn on February 23, 1976. It was also alleged that, at the time of the commission of the robbery, defendant was armed with a firearm—a deadly weapon, and that he used a firearm within the meaning of Penal Code section 12022.5, and further, thát the firearm used was a .22 caliber…