Masters

In an information defendant was charged with 14 counts of robbery (Pen. Code, § 211). Each count alleged the use of a handgun within the meaning of Penal Code sections 12022.5 and 1203.06, subdivision (a)(1).

Appellant denied the allegations and pleaded not guilty and not guilty by reason of insanity. A jury acquitted defendant of one robbery count, but found him guilty of the remaining 13 robbery counts. The use allegations were found to be true. In the sanity trial, defendant was found legally sane. He was sentenced to state prison for 23 years. He appeals from the judgment of conviction. We affirm as to all counts but count 8, reversing as to that count only;

With the exception of counts 8 and 10, each robbery conviction was supported by identification testimony. Identification was bolstered by defendant’s confession which was specific as to many of the robberies. The entire defense case consisted of a three-page summary of a psychiatric examination of defendant by Dr. Joel Móskowitz. This report will be discussed later.

The trial court instructed on robbery (CALJIC No. 9.10), diminished capacity to form the required specific mental state (CALJIC No. 3.35…