Johns

Defendant, Gerry Johns, appeals from a judgment of conviction based upon a jury verdict finding him guilty of robbery (Pen. Code, § 211) and murder (Pen. Code, § 187) and also finding to be true the allegations that he was armed with a firearm during the commission of both offenses. (Pen. Code, § 12022, subd. (a).) Except with respect to certain modifications of defendant’s sentence, we shall affirm the judgment.

Facts

San Bernardino County Sheriff’s Deputy Thomas Seelig was responding to a call in Cucamonga at approximately 1 a.m. when he observed two black males running from the direction of two business establishments, a water company and a Jack-in-the-Box restaurant. The two subjects entered a ve hide parked across the street. Deputy Seelig pulled in behind the parked vehicle with the intention of effecting an investigative stop. Before he could do so, however, the vehicle pulled out without its lights on.

Deputy Seelig then followed and attempted to stop the vehicle, but it failed to respond to his red lights and siren. As Deputy Seelig followed in close pursuit he was informed by radio dispatch that a patron had been shot at the Jack-in-the-Box and appeared to be…