Perkins

Defendant Donald Gene Perkins and Donald Carroll Pollard were convicted by jury of robbery in violation of Penal Code section 211. The jury also found that Perkins was armed with a firearm within the meaning of section 12022, subdivision (a).

Perkins was sentenced to the upper term of five years on the robbery conviction, plus a one-year enhancement pursuant to section 12022, subdivision (a).

For reasons that follow, we affirm the judgment.

Statement of Facts

A. Motion to Suppress Identification

On August 17, 1984, at approximately 5:30 p.m., two men robbed the Nunez Liquor store in Lamont. Maria Ramos was working in the store at the time and was two feet from the robbers during the incident. When a deputy sheriff arrived to investigate, Maria described the younger of the two robbers (later identified as defendant Perkins) as a White man in his late 30’s, 5 feet 9 inches tall and 150 pounds. She indicated that he had brownish-blond hair and might have had blue eyes. Most significantly, she recalled that he had unsuccessfully tried to hide two lightning bolt tattoos on his neck with white powder. She described the other, older robber (later identified as…