Bethea

By information, defendant was charged with robbery while armed with a gun (Pen. Code, § 211), and he pleaded not guilty. After a jury trial, defendant was found guilty of first degree robbery, and the allegation of being armed at the time of commission of the offense was found to be true. Defendant’s motion for a new trial was denied, probation was denied, and defendant was sentenced to state prison for the term prescribed by law. Defendant appeals from the judgment.

On February 22, 1968, Hector Aguilar was working as the manager of the Woodlawn Liquor Store located at 128 East Santa Barbara Street, Los Angeles. At about 8 p.m., he noticed a man in a long, black trench coat enter the store; there were approximately six to eight, “maybe more,” customers in the store. While ringing up a customer’s order, Aguilar kept glancing at the man in the coat and observed defendant alongside the man. Defendant vaulted over the counter with a gun in his hand and ordered Aguilar’s clerk on the floor. The clerk was “stomped” on by defendant for attempting to reach a silent alarm button, and defendant struck Aguilar in the back of the head with the gun for not giving up the cash. Aguilar…