McCowan

We are considering two separate criminal trials of defendant McGowan. He was tried by jury on a charge of attempted robbery (violation of Pen. Code, §§ 664, 211) committed in Salinas September 17, 1976. A second information charged him with burglary (violation of Pen. Code, § 459) committed October 18, 1976, at the Prunedale library in Monterey County; on this charge he waived a jury and was tried to the court on the transcript of the preliminary hearing.

He was convicted in both trials and was sentenced to the California Youth Authority on sentences to run concurrently.

The attempted robbery was a purse snatching incident. At about 5 p.m., the victim was opening the trunk of her automobile when she heard someone running and yelling. She looked up and saw two young men; one of them, whom she later identified as the appellant, was doing the yelling. He veered toward her and grabbed her purse. She held on to it and was dragged about 15 feet before it split apart, spilling the contents and causing her to fall down. Appellant ran on and disappeared from her sight.

At the police station the following day she was asked to view six photographs. She immediately selected…