Garcia

Appellant Joey Maldonado Garcia, after jury trial, was convicted of murder of the second degree (Pen. Code, § 187). 1 The jury found that *978 appellant was armed with (§ 12022, subd. (a)) and used (§ 12022.5) a firearm. The court sentenced appellant to 15 years to life, the term prescribed by law for the principle offense, imposed enhancements for the armed and use allegations and stayed those enhancements pending service of the principle term. This appeal is from the judgment of conviction and sentence.

The sole contention on appeal is that the evidence was insufficient to support the conviction. This point is urged by appellant on the strength of People v. Gould (1960) 54 Cal.2d 621 [ 7 Cal.Rptr. 273 , 354 P.2d 865 ], which stands for the proposition that where a witness has been unable in trial to make an identification of the perpetrator of a crime, but has made a prior out-of-court identification, a conviction of the defendant will not stand “in the absence of other evidence tending to connect the defendant with the crime.” (At p. 631.)

Facts

On the late evening of May 25, 1981, or the early morning of May 26, 1981, the victim Phillip Perez was killed by a .22…