P. v. Acosta
The passenger in a green Honda robbed two sisters at gunpoint. Later, defendant was found in possession of some of the loot from the robbery (along with other stolen property and some methamphetamine) and was arrested. The owner of the Honda was with him at the time, but he was not arrested. One of the sisters had given a description of the robber that sounded more like the Honda owner than defendant. Nevertheless, in a photo lineup, she identified defendant, not the Honda owner, as the robber. In an informal lineup before the preliminary hearing, she identified defendant again. Finally, at trial, both sisters identified defendant as the robber yet again.
Court therefore conclude that Judge Haight did not err by requiring the jury to deliberate further.
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