Holmes

Anthony Holmes appeals his conviction by jury trial of first degree murder (Pen. Code, § 187), second degree robbery (Pen. Code, § 211) and a finding of firearm use. (Pen Code, § 12022.5). He raises instructional and identification error. We affirm.

Facts

In resolving this appeal we are required by established rules of appellate procedure to view the evidence in the light most favorable to respondent, and presume in support of the judgment the existence of every fact the jury could reasonably deduce from the evidence. (People v. Johnson (1980) 26 Cal.3d 557, 576 [ 162 Cal.Rptr. 431 , 606 P.2d 738 , 16 A.L.R.4th 1255 ].) Since appellant does not challenge the sufficiency of the evidence per se, only those facts necessary for resolution of appellant’s assignment of errors need recitation, and they are provided in accordance with the stated established rules. The record reveals that appellant conspired with one Kimberly Hutchinson to rob the victim, who had arranged with Hutchinson to purchase cocaine from her. Appellant shot and killed the victim during the course of the robbery.

Discussion

I

Appellant contends the court erred by failing to instruct sua sponte that the…