Heldenburg

Defendant was charged by information with one count of robbery (Pen. Code, §211), which information also specially alleged that defendant had personally used a firearm (within the meaning of § 12022.5) in the commission of the robbery. Defendant pleaded not guilty to the charged offense and denied the special allegation. Following a trial by jury, defendant was found guilty of the charged offense and the special allegation was found to be true. Defendant appeals from the judgment entered upon the jury’s verdict and finding.

Facts

The issues raised by defendant on appeal are somewhat limited in nature and do not require a lengthy or seamless rendition of facts.

On the evening of February 12, 1987, an armed man vaulted over the display counter of the fine jewelry department in the Palm Springs Bullocks Wilshire department store. Pointing a firearm at one of the employees, the man demanded that the display counter be opened. The employee complied with the demand, and the armed man thereupon emptied the contents of the display counter into a dark brown bag and ran from the store.

Within a day or two of the robbery, based on a variety of evidence which tended to implicate…