Holt

Defendant Thomas Gregg Holt (aka Thomas Summers) appeals from a judgment of conviction entered on a jury verdict finding him guilty of first degree robbery (Pen. Code, §§211 and 211a).

The relevant facts indicate that on February 10, 1971, at about 12:55 a.m., appellant entered the Los Gatos Lodge and asked the night clerk, Mr. Louis R. Pierce (“Pierce”) about the price of a room. Pierce indicated that the rooms were rented at $14.70. Appellant hesitated for a moment and asked the same question again. When Pierce quoted the price the second time, appellant turned as if reaching for his wallet and then turned back holding a gun in his left hand and said, “Don’t do anything. Just give me the money in the till.” Pierce emptied the cash register and complied with the demand by producing $426 in twenties, tens, fives and ones. Appellant picked up the money with his right hand and told Pierce to lift up the cash drawer so that he could see what was underneath. Then he ordered Pierce to lie down on the floor with his hands behind his back.

Pierce described appellant to Police Officer Flores as being 5 feet 8 inches tall, between 19 and 23 years old, weighing about 135 pounds.…