Evans

A jury found defendant Larry Evans guilty of first degree robbery. (Pen. Code, § 211.) In his appeal from the ensuing judgment the principal contention is that he “was not advised of his constitutional right to appointed counsel at the lineup.” Reliance is placed on Gilbert v. California, 388 U.S. 263 [ 18 L.Ed.2d 1178 , 87 S.Ct. 1951 ]; United States v. Wade, 388 U.S. 218 [ 18 L.Ed.2d 1149 , 87 S.Ct. 1926 ]; and People v. Fowler, 1 Cal.3d 335 [82.Cal.Rptr. 363, 461 P.2d 643 ].

Viewed in a light most favorable to the People (see People v. Reilly, 3 Cal.3d 421, 425 [ 90 Cal.Rptr. 417 , 475 P.2d 649 ]) the evidence shows that Evans gave a ride to a couple of hitchhiking sailors and that thereupon he and another, armed with a knife and gun, by force and threats of violence, took the sailors’ wallets, watches and rings and then pushed them from the automobile. No contention is made that the jury’s verdict was not supported by substantial evidence.

The evidence reasonably related to the questioned lineup follows.

Upon Evans' arrest he was promptly advised of his so-called Miranda rights (see Miranda v. Arizona, 384 U.S. 436 [ 16 L.Ed.2d 694 , 86 S.Ct. 1602 , 10 A.L.R.3d 974…