Brooks

After a jury trial, defendant Brooks was convicted of first degree murder and attempted robbery of the first degree. He was sentenced to imprisonment for the term prescribed by law, with execution of the sentence as to the attempted robbery conviction stayed pending appeal, the stay to become permanent upon determination of the appeal. He appeals from the judgment of conviction.

Facts:

Approximately two weeks after the incident, the police received an anonymous phone call stating that the person responsible for the homicide was Steve Brooks, described as a male Negro, 21 years old, 6 feet 2 inches, 180 pounds, who lived in apartment 6 of a brown apartment house on 61st Street just east of Central in Los Angeles.

On December 19, 1973, the police went to that apartment building. Adjacent thereto was a 1964 dark green two-door Chevrolet that was lowered and had a Mag wheel on the right front tire. The name “Brooks” was on the mail box of apartment 7, so the police proceeded to that apartment. Officer Gobel knocked and a woman answered the door. She invited the officers to enter. Defendant appeared from the bedroom door, and Officer Gobel noted that he looked close to the…