Fulton

was charged and found guilty, after a jury trial, of four robberies and two burglaries. In addition, as to all charges, the jury found that he used a firearm. He was sentenced to nine and one-third years in state prison.

Appellant’s Contentions

1. Error in the admission of the former testimony of a witness;

2. Error in limiting cross-examination as to a witness’ address;

3. Error in refusing an instruction relative to eyewitness identification testimony;

4. Error in denying a motion to sever; and

5. Error in sentencing.

Statement of the Case

On August 9, 1977, at about noon, Victor Quintero and Maria Gonzalez were robbed in his apartment by two armed men, one of whom, according to both victims, was the appellant. This event was the genesis of two counts of robbery and one count of burglary.

Subsequently, about 2 p.m. on September 16, 1977, Jose Marroquin and the babysitter for his children, Dolores Anaya, were robbed in his home by a boy and a man, both armed, the latter of whom was identified by Marroquin as the appellant. This incident was the basis for the remaining two counts of robbery and the other count of burglary.

Admission of Former Testimony

The…