Guzman

Defendant appeals from a judgment of conviction of first degree murder, a violation of Penal Code section L87, and a. finding that he used a firearm at the time of the commission of the offense.

On February 3, 1973, at approximately 5:45 p.m., Benjamin Kerman, the owner of Carson Jewelers in the City of Carson was shot and killed in the course of a robbery or attempted robbery of the store. Appellant and one Robert Donner were jointly accused of the commission of the offense. According to the policy theory Donner acted as decoy and lookout during the commission of the robbery. On the day in question a man, subsequently identified by Joie Hyde, a clerk in the store, to have been the defendant, entered the store and approached the watch counter. He asked for the watchmaker and was told he was in but was in the back. While this man was waiting, Donner, wearing a cast and carrying a crutch, entered and asked to see wedding and engagement rings. Moments later Kerman entered the room and Mrs. Hyde told him the man at the watch counter was waiting for him. She then turned her attention to Donner.

About four minutes later a shot was heard and Mrs. Hyde, leaving her customer,…