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Name: People v. Chavez
Case #: D069533
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 03/28/2018

Single person photo identification of defendant by stabbing victim was not unduly suggestive. Chavez and others became embroiled in a physical altercation with another group of men at a restaurant while watching the World Cup soccer match. Chavez stabbed a man, who lived. One of Chavez's group, Gonzalez, shot and killed another man. A jury convicted Chavez of second degree murder and assault with a deadly weapon. One issue on appeal challenged a pretrial identification procedure. Held: Affirmed. To determine whether admission of identification evidence violates a defendant's due process right, the reviewing court considers whether the identification procedure was…

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Name: People v. Garcia
Case #: D065101
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 02/22/2016

Trial court did not abuse its discretion by refusing to bifurcate trial of a gang enhancement (Pen. Code, § 186.22, subd. (b)(1)) from underlying robbery and assault with a deadly weapon charges. Garcia, Mendoza, and Guzman were charged jointly with multiple offenses arising from a series of robberies in Escondido and a gang enhancement was also alleged. Prior to trial, Mendoza and Guzman moved to bifurcate trial of the gang enhancement. The trial court denied the motion. The jury convicted the defendants and found the gang enhancement true. They appealed. Held: Affirmed. In order to prevail on a motion to…

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Name: People v. Mohamed
Case #: D058046
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 12/05/2011

Curbside identifications that were not 100 percent certain were not so inherently improbable that there was insufficient evidence of identification. Three men robbed a woman outside a café. Defendant was found four blocks from the scene a short time later and detained because he met the general description. At a curbside show-up, the victim stated she was 80 percent certain that he was the robber but that she could not be more certain because the robber had his face covered. A witness who confronted the robbers was completely sure in identifying the defendant at a separate curbside show-up, but another…

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Name: People v. Roa
Case #: B201676
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 03/09/2009

The sufficiency of an out-of-court identification to support a conviction is determined under the substantial evidence test and consideration can be given to: (1) the prior familiarity of the witness with defendant; (2) the opportunity of the witness to observe the perpetrator during crime; (3) whether the witness has motive to falsely implicate defendant; (4) and the details of the out-of-court identification. Following a carjacking, the victim and his wife identified appellant as the suspect who was outside a van and pointed a gun at the victim. A second person was inside the vehicle and drove it away. The identification…

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