Can a lay witness provide opinion testimony in a criminal case where they identify a defendant in a surveillance video?

California, United States of America


The following excerpt is from People v. Deleon, E066204 (Cal. App. 2018):

"A lay witness may offer opinion testimony if it is rationally based on the witness's perception and helpful to a clear understanding of the witness's testimony. (Evid. Code, 800.) '[T]he identity of a person is a proper subject of nonexpert opinion. . . .' (People v. Perry (1976) 60 Cal.App.3d 608, 612 (Perry); accord, People v. Mixon

Page 22

[1982] 129 Cal.App.3d [118,] 127 (Mixon).) [] Court of Appeal decisions have long upheld admission of testimony identifying defendants in surveillance footage or photographs." (People v. Leon (2015) 61 Cal.4th 569, 601.)

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