Mixon

Appellant seeks reversal of the judgment entered upon his conviction for robbery (Pen. Code, § 211) and use of a firearm in the commission of the offense (Pen. Code, § 12022.5). Appellant raises the following issues: the trial court erred in permitting police officers to identify appellant as one of the persons depicted in a surveillance photograph of the robbery; motions to dismiss (Pen. Code, §§ 995, 1118.1) were improperly denied; defense counsel’s failure to object to the officers’ identification testimony on Evidence Code section 352 grounds deprived appellant of effective assistance of counsel; and the court improperly sentenced appellant to the upper base term.

Facts

On October 26, 1978, Jeffrey Bottorff was working at a self-service gas station located at West and McKinley Avenues in Fresno. At approximately 2 a.m., while Bottorff was inside the cashier’s booth, two males approached the booth on foot. One of the men (subject one) asked for cigarette change. When Bottorff turned to the cash register, the men entered the booth and subject one, standing to Bottorff s left, announced a robbery. Subject two, standing behind Bottorff, showed the latter a gun. Both…