Breckenridge

Defendant has appealed from the judgment and sentence imposed by the trial court following his conviction by jury verdicts of two counts of robbery in the first degree (Pen. Code, §§ 211, 211a and 213), aggravated by the use of a firearm as proscribed by section 12022.5 of the Penal Code. The court ordered that the sentences on each count should run concurrently with each other and concurrently with any unexpired term to which the defendant might have been subjected by virtue of three charged and admitted prior convictions.

He contends (1) that his right to a trial by jury, chosen with a fair possibility for a representative cross-section of the community, was violated; (2) that his right against self-incrimination, his right to remain silent, the attorney-client privilege, and his right to the effective assistance of counsel were all violated because in response to the prosecutor’s discovery motion, the court, after the prosecution had rested, elicited from defense counsel that he had no alibi witnesses, and impliedly communicated that response to the prosecutor; (3) that the court erred in denying defendant’s motion to permit him to testify free of impeachment by his…