§15. Exception—Statement of identification
A witness's prior statement of identification is admissible as an exception to the hearsay rule. Evid. C. §1238.
§15.1. Overview. When a witness testifies that she previously identified a person involved in a crime or other occurrence, the prior statement of that identification is admissible as an exception to the hearsay rule if certain conditions are met. Evid. C. §1238. This allows a witness to bolster her in-court identification by discussing consistent out-of-court identifications she previously made (e.g., at the scene of the crime, at a lineup, with a photo array). See id. It also permits prior on-scene identifications to be presented by a witness who for some reason (e.g., passage of time, uncertainty, physical incapacity) is unable to make, or simply does not make, an in-court identification. See People v. Boyer (2006) 38 Cal.4th 412, 480; 7 Cal. Law Revision Comm'n Rep. (1965) p. 1232.
§15.2. Requirements for exception. For a prior statement of identification to be admissible as a hearsay exception, the following criteria must be met:
1. Statement identified participant in crime. The witness's statement must be an identification of the defendant or someone else who was a participant "in a crime or other occurrence." Evid. C. §1238(a). The prior identification can be based on the adoption of a composite drawing as long as a proper foundation is established for the composite identification. People v. Cooks (1st Dist.1983) 141 Cal.App.3d 224, 308-09. A proper foundation is laid if it is shown that (1) the drawing was made when the crime was fresh in the witness's memory and (2) the drawing is...
