Coates

John Edward Coates was convicted of robbery (Pen. Code, §211) and burglary (Pen. Code, § 459) with use of a firearm (Pen. Code, § 12022.5).

I

On May 20, 1982, Beverly Ann Jeter was a clerk on duty at Hanshaw’s Liquor Mart in Midway City. Also in the store was a niece visiting Ms. Jeter from Illinois. At approximately 10 p.m., a man entered and requested a carton of Winston “100” cigarettes and a bottle of Smirnoff red label vodka. When Jeter placed the items on the counter, the man displayed a revolver and said, “I hate to do this but empty the drawer.”

Jeter placed the money on the counter and lifted the drawer to show there was no money below it. The robber placed the money in the bag containing the liquor and cigarettes and before departing said, “Give me a couple minutes.”

To investigating officers, Jeter described the robber as a white male, approximately 45 years old, 5 feet 10 inches tall with auburn hair, wearing blue pants and a short sleeve shirt. He wore dark sunglasses and a white fishing-type hat with a blue band; the brim was pulled down to the top of the glasses. She saw his face below the glasses in particular detail. His nose was medium and wide with…

I respectfully dissent. I am not willing to accept the premise of the majority that a single witness identification absent a GuzmanTelfaire instruction is reversible error. Nor am I willing, since it is not our role, to reweigh the evidence; which must be done to achieve the result of my colleagues. Here instructions CALJIC Nos. 2.90 and 2.91 were given. While not so exhaustive or detailed as the Telfaire instruction they adequately informed the jury of defendant’s presumption of innocence and the People’s burden of proving the defendant’s identity by eyewitness testimony.

Further, CALJIC No. 2.20 and 2.22 1 discussed what factors the jury should consider in evaluating the testimony of the victim/witness. The in *673 structions given clearly identified the main issue: the identity of the defendant. The victim/witness described the defendant in detail to the police; she identified him in two separate lineups and heard his voice. There was no suggestion the identification process was suggestive or in any way improper. The alibi testimony was equivocal at best and disclosed defendant spent the night within one block of the robbery scene on a Thursday close to the date of the crime.…

John Edward Coates was convicted of robbery (Pen. Code, § 211) and burglary (Pen. Code, § 459) with use of a firearm (Pen. Code, § 12022.5).

On May 20, 1982, Beverly Ann Jeter was a clerk on duty at Hanshaw's Liquor Mart in Midway City. Also in the store was a niece visiting Ms. Jeter from Illinois. At approximately 10 p.m., a man entered and requested a carton of Winston "100" cigarettes and a bottle of Smirnoff red label vodka. When Jeter placed the items on the counter, the man displayed a revolver and said, "I hate to do this but empty the drawer."

Jeter placed the money on the counter and lifted the drawer to show there was no money below it. The robber placed the money in the bag containing the liquor and cigarettes and before departing said, "Give me a couple minutes."

To investigating officers, Jeter described the robber as a white male, approximately 45 years old, 5 feet 10 inches tall with auburn hair, wearing blue pants and a short sleeve shirt. He wore dark sunglasses and a white fishing-type hat with a blue band; the brim was pulled down to the top of the glasses. She saw his face below the glasses in particular detail. His nose was medium and…