Aho

Defendant, Conrad Aimo Aho, appeals his conviction of driving a vehicle without the owner’s consent (Veh. Code, § 10851) and robbery (Pen. Code, § 211).

I

Michael Kellner, while locking his Fiat automobile late at night in a restaurant parking lot, was told by a man holding a handgun, “Hey, man, throw down your keys and run.” He did, but hid behind a wall where he saw the robber drive away in the Fiat. Kellner immediately called police, telling them the robber was armed, had blond, collar-length hair, was 5 feet 11 inches to 6 feet tall, and weighed about 165. He did not notice any facial hair.

A month after the incident, Kellner was shown a photographic lineup but was unable to make an identification. At the preliminary hearing, two and a half months later, Kellner noticed Aho sitting alone in one area of the spectator section and told an officer he recognized him as the robber. The hearing was continued and Kellner again identified Aho at the next proceeding.

Aho testified in his own defense at trial and denied both charges. He and several defense witnesses testified he always had a beard, except for a few months some six months prior to the robbery. They also…