Colligan

Defendant appeals from a judgment entered after a jury found him guilty of two robberies (Pen. Code, § 211), in both of which he used a firearm (Pen. Code, § 12022.5). He claims error in pretrial identification procedures, insufficient evidence to support the gun-use finding in one of the robberies, and ineffective assistance of counsel.

About noon on Monday, August 1, 1977, the bookkeeper for the Black Angus Restaurant in Citrus Heights was robbed in the restaurant parking lot as she was taking the Sunday receipts to the bank. The bank bags taken contained $4,800 in cash, $540 in checks, and about $700 in charge slips. The bookkeeper, Caroline Holmes, saw a man approach as she was entering her car. After he reached her, he pulled his shirt open at the waist and showed her the handle of a gun, telling her to be quiet, that he had a gun, and that he didn’t want to use it. Holmes feared for her life and safety; she gave the man the money and he drove off in a car.

No gun was admitted into evidence at the trial. The court held a hearing outside the presence of the jury and ruled that Holmes could not sufficiently identify an offered weapon. Holmes testified on March 29,…