Gomez

The appellant, Joseph Moya Gomez, was convicted of robbery in the second degree (Pen. Code, §§ 211, 211a) and was sentenced to state prison. He appeals. He raises several points regarding the alleged invalidity of his arrest and the search of the premises where he was arrested, the failure of the court to suppress an in-court identification of appellant by the victim, and misconduct of the prosecutor.

Resolving conflicts in the evidence in favor of the respondent, the facts in sum show that at about 5:30 p.m. on May 10, 1975, a man, later identified as appellant, robbed Gwen Scribner, who was working alone as a clerk of the Kwik-Way Market in Avenal. The sum taken was $76.62. At the time he approached Mrs. Scribner and demanded, “Let me have your money,” he appeared to her to have a small gun in his hand with only the barrel showing. After he was arrested and was enroute to jail, he stated to the officer, “The gun wasn’t really—wasn’t real anyway, and I threw it away before I went back to the house.”

As appellant left the store with the money in a brown paper bag, the victim signaled Gene Sides, who was outside using the gasoline pumps, that she had just been robbed by…