Cartwright

Defendant appeals from the judgment having been found guilty, after jury trial, of violation of section 211 of the Penal Code, robbery; that he was found to have used a handgun during the commission of the offense within the meaning of section 12022, subdivision (a) of the Penal Code, and that he personally used the gun during the robbery within the meaning of sections 12022.5 and 1203.06, subdivision (a)(1) of the Penal Code.

Facts

At 9:30 a.m., on March 15, 1978, Michael Conover, age 21 years, was brushing his teeth in his apartment located at 8547 Imperial Highway in the City of Downey, County of Los Angeles. He shares this apartment with his brother and his brother’s girl friend. The girl friend, Melody May Martin, was asleep in her bedroom at the time; the brother Billy Conover, had left earlier to attend college classes. Michael Conover was preparing to go to college classes.

There was a knock at the door and Michael Conover answered the knock. There were two male people at the door, both wearing hats, and one of them, the defendant, was holding a gun. Michael Conover identified the defendant as the man who had committed the robbery at his apartment. He…