Wells

Defendant was tried by jury upon an information charging the crime of burglary (Pen. Code, § 459) and that he, with the intent to inflict such injury, inflicted great bodily injury upon an occupant of the burglarized premises (Pen. Code, § 461, subd. 2). Before commencement of trial, defendant admitted two prior convictions of first degree robbery. From the judgment entered upon a verdict of first degree burglary and the jury’s finding that he intended to and actually inflicted great bodily injury upon Mrs. Joan Coulat, the occupant of the premises, defendant prosecutes this appeal, contending (1) that prejudicial error was committed in his identification at a police lineup conducted without the presence of counsel and (2) that the jury instructions were inadequate and the evidence insufficient to support the finding of “great bodily injury.”

The victim, Joan Coulat, testified that after a visit with friends she returned to her home between the hours of 9:30 and 10 p.m., turned on some of the lights and the television set and prepared to do some ironing. Within minutes she heard a shuffling noise and walked down the hall to the master bedroom in order to investigate. As…