What is the test for a jury to overturn a finding of guilt on the basis of questionable identification?

California, United States of America


The following excerpt is from People v. Houston, F067414 (Cal. App. 2015):

of identity and lack of positiveness in testimony are matters which go to the weight of the evidence and the credibility of the witnesses, and are for the observation and consideration, and directed solely to the attention of the jury in the first instance. . . .'" (People v. Mohamed (2011) 201 Cal.App.4th 515, 522.) For a reviewing court to set aside a jury's finding of guilt on the basis of a questionable identification, "'the evidence of identity must be so weak as to constitute practically no evidence at all.'" (Id. at p. 521.)

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