Torres

Convicted by a jury of robbery (Pen. Code, § 211) and attempted robbery (Pen. Code, §§ 664 and 211), Manuel Lopez Torres, Jr., appeals from the judgment which sentenced him to prison for consecutive terms. The issues raised on appeal require us to review the evidence, which we recite in the light most favorable to the judgment.

At 3 p.m. on March 8, 1970, Torres entered Red’s Ranch Market in Orange County, displayed a chrome-plated revolver, pushed the gun into the back of the clerk, Ronald Bosak, and demanded money. On command, Bosak placed approximately $140 in currency and coins in a bag which Torres took before leaving the store.

At approximately 4:15 p.m. on March 26, 1970, Torres entered the K & C Liquor Store in Santa Ana. He ordered a bottle of Imperial whiskey from the clerk, Stafford Hurrell, who was 72 years of age and the only person on duty. Hurrell obtained the bottle from the shelf and set it near the cash register as two customers entered the store. Torres walked around the store observing other items. When the other customers had been served and had left the store, he stepped behind the counter with a revolver held in an “upraised” position. As Torres…