Amos

Appellant was charged with robbery, “use” of a firearm and it was alleged that he had suffered three prior felony convictions. He pled not guilty, denied the priors and his section 1538.5 motion was denied. Appellant was found guilty of attempted robbery in the second degree. The allegation concerning use of a firearm was found not to be true. Appellant appeals from the judgment of conviction.

About 3:45 a.m., near Hollywood Boulevard, Martin Smith flagged down two policemen to tell them he had been robbed by a man with a gun one-half hour before. He described the robber as a male Negro with black hair, brown eyes, between 25 and 30 years of age, about 5 feet 8 inches in height, and wearing a three-quarter length brown leather jacket. The robbery had taken place on the street close to the Roxy Motel. The police went to the motel and saw a man who might be the suspect, but Mr. Smith confirmed that this was not the man who robbed him.

The man told the police that he knew about the robbery, that it was committed about 45 minutes earlier. He said the robber was a man named Tony, that Tony lived in room 48 of the Roxy Motel, and Tony had committed another robbery with a gun…