Can a witness give evidence in the form of an opinion?

California, United States of America


The following excerpt is from People v. Pacheco, B253136 (Cal. App. 2014):

Evidence Code section 800 provides: "If a witness is not testifying as an expert, his testimony in the form of an opinion is limited to such an opinion as is permitted by law, including but not limited to an opinion that is: [] (a) Rationally based on the perception of the witness; and [] (b) Helpful to a clear understanding of his testimony." Admission of lay opinion is within the sound discretion of the trial court and will not be disturbed on appeal unless a clear abuse of discretion is shown. (People v. Mixon (1982) 129 Cal.App.3d 118, 127.)

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