Anthony

Defendant was charged by information with the crimes of robbery (count I, Pen. Code, § 211) and kidnaping for the purpose of robbery (count II, Pen. Code, § 209) and with being armed with a deadly weapon at the time of the commission of the offense. Defendant’s motions under sections 995 and 1538.5 of the Penal Code were denied, and, in a jury trial defendant was found guilty on both counts. The robbery was found to be first degree, and, with respect to count II, the jury found it true that defendant was armed with a deadly weapon. Defendant’s motions for new trial and to institute narcotic addiction proceedings were denied. Judgment was pronounced, and defendant was sentenced to prison for the term prescribed by law on each count. Execution of the sentence on count I, however, was suspended until such time as sentence and conviction on count II should become final, suspension at that time to become permanent. Defendant appeals from the judgment of conviction.

Defendant contends that substantially all of the incriminating evidence admitted at the trial was the product of an unlawful search and seizure; that his in-the-field identification at a time when he was…