Glaude

A jury found defendant guilty of murder in the first degree (Pen. Code, § 187), and found to be true the “special circumstance” allegation that the murder was committed during a robbery, within the meaning of Penal Code section 190.2, subdivision (a)(17). The jury also found defendant guilty of robbery (Pen. Code, § 211) and kidnaping (Pen. Code, § 207), and found to be true the allegations that as to all three offenses defendant had personally used a firearm within the meaning of Penal Code sections 12022.5 and 1203.06, and that as to the robbery defendant had inflicted great bodily injury upon the victim, within the meaning of Penal Code sections 12022.7 and 1203.075. The trial court found that Penal Code section 190.5 precluded imposition of the death penalty as defendant was only 16 years old at the time he committed the crime. The court sentenced defendant to state prison for life without the possibility of parole.

Defendant appeals, claiming (1) error by the trial court in not excluding Julia Garcia’s identification testimony as it was the product of a hypnosis session, (2) improper photographic identification, and (3) error by the trial court in refusing…