Ingle

Appellant was convicted by jury verdict of robbery in violation of Penal Code section 211, the jury expressly finding that he had personally used a firearm during the commission of the offense within the meaning of Penal Code section 12022.5. Allegations that he had previously been convicted of a serious felony (Pen. Code, § 667) and had served a prior prison term (Pen. Code, § 667, subd. (b)) were found to be true based upon appellant’s admissions. He was furthermore convicted by guilty plea of a violation of Penal Code section 12021, a felon in possession of a concealable firearm.

On October 4, 1984, the trial court stayed imposition of sentence on the felon in possession of a firearm charge and sentenced appellant to a total of 13 years for the robbery plus enhancements. He now appeals contending that the trial court committed prejudicial error: (1) in denying appellant’s motion to exclude the eyewitness identification by the robbery victim because that identification occurred after the investigating officer had shown the witness a video recording made during the robbery; and (2) in refusing to give a “pin-point” eyewitness identification instruction requested by…