People v. Sunday

THE COURT.

This court filed an opinion in this case on April 10, 1969. Thereafter appellant filed, a petition' for a rehearing. Appellant’s petition for a rehearing was granted on May 9, 1969. Upon further consideration the following determination of the appeal is made.

Defendant was charged with robbery while armed with a deadly weapon in violation of section 211 of the Penal Code (count I) and assault with a deadly weapon with intent to commit murder in violation of section 217 of the Penal Code (count II). By amended information he was also charged with four prior convictions, all of which…