Stewart
People v. Stewart
Opinion
Opinion
Scott, J.
A jury convicted appellant Morris Benson Stewart of three counts of attempted robbery (Pen. Code, §§ 664, 211) and three counts of false imprisonment (Pen. Code, § 236) and found that he used a firearm during commission of these offenses (Pen. Code, §§ 12022.5, 1203.06). The jury also convicted appellant of possession of a firearm by a felon. (Pen. Code, § 12021.) In addition, the trial court found that appellant had suffered four prior felony convictions. (Pen. Code, §§ 667, 667.5.) Appellant contends that his conviction should be reversed because the court (1) refused to give a requested jury instruction relating eyewitness identification to reasonable doubt; and (2) denied his motion to exclude use of four prior robbery convictions for impeachment. The case has been retransferred to this court for reconsideration in light of People v. Castro (1985) 38 Cal.3d 301 [ 211 Cal.Rptr. 719 , 696 P.2d 111 ].
I
On September 24, 1983, at about 12:15 p.m., several employees were working in the kitchen area of the Chuck E. Cheese restaurant in Redwood City when a man in a brown cap entered, carrying a black gun with a brown handle. He ordered Luis Galindo to open the office door,…