How have courts determined that showing a victim a photograph of a suspect they have not seen before is not unduly suggestive?

We disagree. When evaluating whether an identification procedure is unduly suggestive, " '[t]he question is whether anything caused defendant to "stand out" from the others in a way that would suggest the witness would select him.' " (People v. Cunningham (2001) 25 Cal.4th 926, 990.) There is nothing to suggest that showing a victim a photograph of a suspect they have not seen before conveys to the victim that the photograph does indeed depict the perpetrator of the crime. We fail to see how this procedure would be unduly suggestive, especially when the victim is specifically told the photograph may not actually depict the responsible suspect. Thus, applying an independent standard of review, we agree with the trial court's conclusion that the identification process was not unduly suggestive.

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