Fairley

This is an appeal from a conviction of robbery (Pen. Code, § 211) and a finding by the jury that in the commission of one of the counts of robbery defendant used a gun, in violation of sections 12022.5 and 1203.06, subdivision (a)(1), of the Penal Code.

At about 9:45 p.m. on November 13, 1980, Eva Palmer, her uncle, Archie Durham, and a friend, Charles Forster, were walking on University Avenue in Palo Alto, California, on their way to a Mexican restaurant. Near the restaurant Palmer and Forster, who were walking together, passed a black man walking in the opposite direction. The *185 black man accosted Durham, who was behind Palmer and Forster, poked a gun into Durham’s side and demanded his money. Durham handed over three silver dollars and a cigarette lighter with his initials on it. The assailant took the items and ran up a nearby alley with Durham following in unsuccessful pursuit. Palmer and Forster went into the restaurant to call the police. Sheriffs deputies responded and took a physical description of the robber from each of the three.

Later the same night, at about 11 p.m., William Morgan was robbed as he walked to his car from the Bachelor’s Quarters, a club…