Levingston

Appellant Delbert Donnell Levingston, aka Wilbert Bellinger, appeals from a conviction of grand theft (Pen. Code, § 487, subd. 1) contending that (1) the trial court committed prejudicial error in refusing to give a jury instruction relating to his identification, and (2) that the court abused its discretion and violated the principle of individualized sentencing by punishing appellant for his presentencing flight to deter others from similar conduct. We affirm.

The following facts were adduced at trial. On August 18, 1976, Ms. Laura Monte, a box girl at Von’s market, observed a white man park his motorcycle and enter the store. A few seconds later, a blue van decorated with a desert scene pulled up next to the motorcycle. Appellant, a black man, stepped outside and entered the store. He returned five minutes later and got on the motorcycle. Ms. Monte said, “That’s not yours,” but appellant drove off with the van following him. Ms. Monte took down the van’s license number and gave it to the police.

On September 6, 1976, a police officer spotted the van, stopped it, and arrested appellant, the driver. Three days later, Ms. Monte made a photograph identification of…