York

After unsuccessful motions to suppress evidence and an identification of defendant James Harold York as impermissibly suggestive, a jury convicted York of first degree burglary (Pen. Code, § 459) and assault with a deadly weapon and by means likely to produce great bodily harm (Pen. Code, § 245, subd. (a)).

After a Penal Code section 1203.03 diagnostic study of York at Department of Corrections, Chino, York was returned and sentenced to the upper term of four years on the assault with deadly weapon charge. The sentence imposed on the burglary charge was stayed as required by Penal Code section 654.

On appeal York contends (1) he was arrested without probable cause after an unreasonably long detention; (2) a military police showup which included one black suspect was impermissibly suggestive as to deny due process; (3) his confession was obtained without proof beyond a reasonable doubt that his waiver of Miranda rights was voluntarily intelligently given; and (4) his subpoena duces tecum for production of the Chino diagnostic study documents was improperly quashed.

Facts

In the early morning hours of May 3, 1978, Mrs. Faye Osuna was awakened by the noise of her…