Andrews

Defendant appeals from the judgment entered upon a verdict finding him guilty of the first degree robbery of a service station. (Pen. Code, § 211.) The amended information alleged one prior conviction, which defendant admitted upon arraignment. (1) The order denying a new trial is reviewable with the judgment, but is not itself appealable, and defendant's appeal from that order must be dismissed. ( People v. Wilson (1965) 238 Cal. App.2d 447, 450 [ 48 Cal. Rptr. 55 ].)

At approximately 1:50 a.m. on March 14, 1969, an automobile occupied by five males drove into a service station near Stockton. After putting in 50 cents worth of gas at the driver's request, the station attendant (Donald Arnpriester) was told by the driver that the man in the right rear seat had a credit card. When Arnpriester approached the right rear window, the man sitting there pointed a handgun at him. The gunman also ordered Arnpriester to pass the cash drawer containing station money to the occupants of the rear seat. After the attendant complied, the car sped north toward Sacramento.

A few minutes later, a highway patrolman, who had received a radio report of the robbery, saw a car…