Brown

People v. Brown

Good Law
152 Cal. App. 3d 674·1984 Cal. App. LEXIS 1696·199 Cal. Rptr. 680
Court of Appeal of CaliforniaFebruary 29, 1984Crim. 17016California1,448 words

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.

Joseph Hallett, acquainted with both Brown…

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