People v. Sutter

Opinion

CONKLIN, J. *

Appellant, Michael Claud Sutter, and Archie May-hew (not a party to this appeal) were charged with violation of Penal Code section 211, robbery. There were special allegations that Mayhew used a firearm (Pen. Code, § 12022.5) and that appellant was armed as a principal (Pen. Code, § 12022 subd. (a)).

Thereafter, the court accepted defendant Mayhew’s guilty plea to robbery in count I (Pen. Code, § 211) without any special allegations. Mayhew had not been sentenced at the time of appellant’s trial.

Appellant was convicted of robbery and the jury made a true finding that he was…