People v. Ware

This is a second appeal arising out of defendant’s conviction of two counts of first degree robbery committed September 14, 1963, in violation of Penal Code section 211. Before sentencing defendant to state prison on January 29,1964, the trial judge stated that he was “prohibited by the code” from granting probation. On defendant’s appeal the District Court of Appeal for the Second Appellate District, Division Two, in an unpublished opinion, pointed out that the trial court had failed to make any finding that defendant had used or attempted to use a gun upon a human being, or any express…