Nabors

Defendant Eddie Milton Nabors appeals from a judgment of conviction entered upon jury verdicts finding him guilty of four counts of robbery of the first degree (Pen. Code, §§211 and 211a) perpetrated in the holdup of two liquor stores on the afternoon of January 24, 1969. By amendment to the information, defendant was charged with a prior felony conviction for forgery (Pen. Code, § 475) which he admitted prior to the jury selection and again upon cross-examination when he testified. However, no finding was made as to this prior in the judgment. Motion for new trial and request for probation were denied. Defendant was sentenced to state prison with sentence on each of the four counts to run concurrently with each other, but consecutive to the sentence imposed in case No. A229992. The appeal (construing his pro se notice liberally per rule 31(b), Cal. Rules of Court) is from the judgment in the principal case only.

Sufficiency of the evidence is not questioned. Defendant advances two contentions on appeal: (1) the pretrial lineup violated defendant’s constitutional rights to counsel and to due process, and (2) the trial court erred in refusing his request to act as his own…