Bess

In this appeal and consolidated habeas corpus proceeding by Randall Lynn Bess relative to his conviction for armed robbery (Pen. Code, §§ 211, 12022.5), we are asked to resolve three issues. Was it ineffective assistance of counsel to: fail to pursue discovery, bring out Bess’ invocation of Miranda, and fail to interview eyewitnesses to the robbery.

At trial, Bess was represented by retained counsel. Bess was identified as entering the Capistrano National Bank and obtaining cash at gunpoint. Included in the money were marked bills (bait money). A teller described the assailant as bearded and stocky. He was dressed in faded blue jeans and a blue shirt. A ski mask covered his face. A bystander outside the bank testified he saw the robber enter and leave the bank and followed him to a van. His description matched the one provided by the teller.

Deputy Sheriff Kent soon spotted the van and pulled it over. Bess, the only occupant, was arrested and the van was impounded. The teller was brought to the scene. She told police Bess was not the robber, based upon his not having the robber’s distinctive, multicolored beard, and because Bess’ beard was not as full as the robber’s. A…