Brown
People v. Brown
Opinion
Opinion
Crosby, J.
Ross Brown II appeals his conviction of burglary (Pen. Code, § 459), attempted robbery (Pen. Code, §§ 664, 211), and assault with a deadly weapon (Pen. Code, § 245, subd. (a)), claiming the court inadequately instructed the jury on reasonable doubt as to eyewitness identification and improperly permitted witnesses to explain their bias against him.
I
Gerald Clements, owner of a Union Oil gas station in the City of Orange, was alone in his office on December 3, 1981, when a man appeared at the doorway with a shotgun. Clements and the man struggled briefly before Clements escaped and telephoned the police. Within 15 minutes of the attack, Clements described the man to officers as a white male, 6 feet tall, 200 pounds, with several days’ growth of facial hair and wearing a plaid Pendleton-type jacket and dark pants.
On several occasions during the next few months, Clements saw a man fitting the assailant’s description using a pay telephone at the station. Clements photographed him and advised investigating officers. Based on this identification, Bill Solano, a resident of an apartment building near the gas station, was arrested.