People v. Cuevas

Opinion

KENNARD, J.

In People v. Gould (1960) 54 Cal.2d 621 [7 Cal.Rptr. 273, 354 P.2d 865] (hereafter Gould), this court held that a testifying witness’s out-of-court identification “that cannot be confirmed by an identification [of the defendant] at the trial is insufficient to sustain a conviction in the absence of other evidence tending to connect the defendant with the crime.” (Id. at p. 631.) In this case, the Attorney General challenges that holding, contending the requirement is illogical, lacks support in the law, is unsatisfactory as a matter of policy, and is contrary to a statute…