Galloway

This is an appeal from the judgment and sentence imposed after a conviction of one count of robbery. The appellant was one of three persons charged with the May 21, 1977, robbery of Jose Arreola and Miguel Diaz in Lemoore. The other two people charged by the information filed on June 30, 1977, were Cynthia Zeno and Andrew Gordon. Zeno’s case was severed and set for separate trial. Gordon failed to appear on the trial date, and his case was also severed from appellant’s trial.

Appellant raises four issues.

I. Was it prejudicial error and a denial of due process for the prosecutor to question appellant about his failure to mention his alibi to anyone prior to trial?

II. Was it prejudicial error for the prosecutor to comment upon appellant’s postarrest silence in closing argument to the jury?

III. Was it prejudicial misconduct for the prosecutor to repeatedly argue that appellant was a friend of Cynthia Zeno, an alleged participant in the robbery, when the record did not clearly establish her as one of the robbers?

IV. Was it prejudicial error to modify CALJIC No. 2.20 by excluding the language, “A statement made by [a witness] that is inconsistent with any part of his…