In Re Anthony T.

Appellant, Anthony T., appeals from the order of the juvenile court finding him to be a person coming within the provisions of Welfare and Institutions Code section 602 in that he committed two assaults with a deadly weapon, in violation of Penal Code section 245, subdivision (a), two robberies while using a firearm in violation of Penal Code sections 211 and 12022.5, and one robbery while armed in violation of Penal Code sections 211 and 12022. He has also filed a petition for habeas corpus which has been consolidated with this appeal.

We deny the petition for habeas corpus and reverse the order declaring him to be a ward of the court. Since two other issues are likely to arise should appellant be tried again, we discuss those issues first.

Facts

Prosecution:

Defense:

The Identification Procedure

Shortly after the robbery of July 14 an individual named Randy, who had attended Markham Junior High with appellant, came up to the manager of the Jim Dandy and showed her a picture of appellant that was contained in a yearbook. The manager brought the yearbook to Mr. Porch, apparently pointed out appellant’s picture, and asked Mr. Porch, if appellant was the person who…