Legal Opinion

People v. Henry

California Court of Appeal

Decided December 31, 1970No. Crim. 5803PublishedCited by 36 opinions

1Opinion of the Court

Opinion

BRAY, J. *

Defendant appeals from judgment, after jury verdict, convicting him of first degree robbery (Pen. Code, § 211) and finding that he was armed with a deadly weapon at the time of the commission of the offense.

Questions Presented

Defendant’s sole contention is that the imposition of the additional penalty for first degree robbery prescribed by Penal Code section 12022.5, additional to the penalty provided by section 211, constitutes double jeopardy and double punishment.

Record

As defendant does not attack the sufficiency of the evidence to support the finding by the jury that he…

2Cases cited5 opinions

  1. People v. FloydCalifornia Supreme Court · 1969
  2. People v. BerutkoCalifornia Supreme Court · 1969
  3. In Re ShullCalifornia Supreme Court · 1944
  4. People v. DiazCalifornia Supreme Court · 1967
  5. People v. DouglasCalifornia Court of Appeal · 1966

3Cited by36 opinions

  1. People v. WolcottCalifornia Supreme Court · 1983
  2. People v. WalkerCalifornia Supreme Court · 1976
  3. In re CulbrethCalifornia Supreme Court · 1976
  4. People v. NajeraCalifornia Supreme Court · 1972
  5. People v. JohnsonCalifornia Court of Appeal · 1974

31 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API