Mendieta

Statement of the Case

Defendant Rudy Mendieta appeals his conviction of robbery (count I; Pen. Code, § 211) and three counts of assault with a deadly weapon (counts II, III and IV; Pen. Code, § 245, subd. (a)(1)) and findings that as to count I he personally used a deadly weapon within the meaning of Penal Code section 12022, subdivision (b), and that a principal in the offense was armed with a firearm within the meaning of Penal Code section 12022, subdivision (a).

Facts

On December 17, 1984, at 6:30 p.m., defendant and another man entered Jimmy’s Market in Madera. Defendant, while holding a knife, jumped Jimmy Amerine. Defendant’s companion pointed a gun at Marie Amerine and attempted to open the cash register. Marie fled and defendant asked Jimmy to open the register. Defendant then removed approximately $6,000 in cash and checks.

The robbers had been in the store earlier on the 17th at approximately 3 p.m. Later in the day, a store customer, Augustine Arteaga, greeted de fendant and spoke with him briefly when defendant and another man were outside the store. Arteaga left the store at approximately 7 p.m. Marie was also familiar with defendant as one of the…