Lyons

In a two-count information, defendant was charged with robbery involving the use of a deadly weapon (Pen. Code, §211; count I) and burglary (Pen. Code, § 459; count II). The information also alleged with respect to count II that defendant was armed with a deadly weapon and further alleged a prior conviction of burglary.

Pleas of not guilty and not guilty by reason of insanity were entered. Defendant admitted the prior conviction. A jury found defendant guilty of the charged offense; determined the robbery to be first degree and found the deadly weapon allegations true. Defendant’s motion for new trial was denied; probation was denied and defendant was sentenced to state prison for the term prescribed by law on each count. Execution of sentence on count II (the burglary charge) was stayed.

Defendant appeals from the judgment of conviction, contending that: his pretrial and in-court identifications by John Etchandy were erroneously admitted into evidence; defendant’s extrajudicial confessions were erroneously admitted into evidence; the jury was improperly. instructed; the prosecutor committed prejudicial misconduct; defendant’s motion for new trial was improperly denied;…