Docket No. S041514.

12 Cal.4th 252 (1995)

906 P.2d 1290

48 Cal. Rptr.2d 135

THE PEOPLE, Plaintiff and Respondent, v. ROBERT MUNOZ CUEVAS, Defendant and Appellant.

Supreme Court of California.

December 26, 1995.

Attorney(s) appearing for the Case


Richard Schwartzberg, under appointment by the Surpeme Court, for Defendant and Appellant.

John T. Philipsborn as Amicus Curiae on behalf of Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Holly D. Wilkins, M. Eugenia Lopez and Keith I. Motley, Deputy Attorneys General, for Plaintiff and Respondent.



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...

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