What is the test for eliciting evidence that a witness was motivated to identify the wrong person?

California, United States of America


The following excerpt is from People v. Tucker, B276128 (Cal. App. 2018):

identify the person it wanted him to as the driver of the truck." Generally, "the defense is entitled to elicit evidence that a witness is motivated by an expectation of leniency or immunity [citations], or that that he is on probation or parole," as "[s]uch evidence is obviously probative of bias or motive." (People v. Dyer (1988) 45 Cal.3d 26, 49-50 (Dyer); Evid. Code, 780, (f).) However, because appellant did not assert this theory of relevance before the trial court, he has failed to preserve his contention of error. (See Capistrano, supra, 59 Cal.4th at p. 867.)

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