Keith

Defendant Lavelle James Keith appeals from a judgment of conviction in case No. A-306784 (2d Crim. 26693), and from an order revoking probation in case No. A-282277 (2d Crim. 26782). He was sentenced to prison in both cases.

Defendant and a codefendant Smith were charged with murder (count 1), robbery (count 2), and assault with a deadly weapon (count 3). Defendant was charged with having used a firearm within the meaning of Penal Code section 12022.5 in connection with each count.

After the court denied defendant’s motions to suppress evidence, to exclude photographic evidence of him, and to quash the jury venire, a jury trial was held. The jury, which acquitted Smith, found defendant guilty as charged of counts 1 and 3, and guilty of attempted robbery, a lesser included offense, and further found the use allegation to be true. Defendant was sentenced to prison. Imposition of sentence on counts 2 and 3 was stayed under Penal Code section 669, the stay to become permanent upon denial of his appeal as to count 1. The judgment recited the firearm use finding.

Facts

The incident occurred at the Tai Ping Restaurant in Los Angeles on April 8, 1974, at about 11 p.m. The…