Mills

In a jury trial appellant was found guilty of first degree robbery and of inflicting great bodily injury on the victim of the robbery. (Pen. Code, §211; former Pen. Code, §§ 211a, 213.)

At 2:30 p.m. on June 24, 1976, Dan Lenko was drinking at the Hard Rock bar with Mrs. Martin and Miss Jacobs. Appellant was also in the bar, and Mrs. Martin, who had seen him before, invited him over. Mr. Lenko bought two beers for appellant. Mr. Lenko had two $20 bills in his shirt pocket. When he paid for the drinks, he mentioned that he only had $40 left. He put one of the $20’s in his coat, broke the other $20 to pay for the drinks, and put the change, $18, in his shirt pocket.

Appellant told Mr. Lenko, “I came over to talk to you and here you are talking to these women.” Appellant suggested he and Mr. Lenko go elsewhere. Mr. Lenko said, “Not now,” and appellant got up, saying, “I’ll see you later.” Appellant went to the end of the bar and began dancing with “[a] couple of colored guys.”

About 10 minutes later Mr. Lenko got up to go to the restroom. He left his jacket and wallet with the ladies. He went past the area where appellant was dancing. When Mr. Lenko got inside the…