Jones

Tommy Lee Jones appeals from the judgment entered following his conviction by a jury on one count of second degree robbery (Pen. Code, § 211) 1 and one count of assault with a deadly weapon (§ 245, subd. (a)(1)). On the robbery count the jury also found true special allegations of personal use of a deadly or dangerous weapon (§ 12022, subd. (b)(1)) *1376 and personal infliction of great bodily injury (§ 12022.7, subd. (a)) and on the assault count the special allegation of personal infliction of great bodily injury. The trial court sentenced Jones to an aggregate state prison term of seven years: the middle term of three years on the robbery charge plus three years for the great bodily injury enhancement and one year for the deadly weapon enhancement on that count. The court stayed the sentence imposed on the aggravated assault conviction under section 654.

On appeal Jones contends the trial court committed prejudicial error by failing to exclude the victim’s identification of him in a photographic lineup and improperly concluded it lacked discretion to consider striking the punishment for the deadly weapon enhancement. We affirm the trial court’s evidentiary ruling.…