People v. Vienne

Opinion

KANE, J.

Defendant appeals from a judgment of conviction of robbery (Pen. Code, § 211); from being adjudged an habitual criminal (Pen. Code, § 644, subd. (a)); and from an order denying his motion to vacate the adjudication of habitual criminality.

In the morning hours of September 22, 1971, defendant, after parking his bicycle, slashed and unlocked a rear screen door of Carlyle Jewelers in San Mateo. Paul Kaplan, the store’s owner, heard the slashing and investigated. Defendant, carrying a pistol, was just entering the store and said to Mr. Kaplan, “Don’t—I’m hopped up. Do what I say…