P. v. Mosely CA4/2
A jury convicted defendant and appellant, Kendall Shawn Mosely, of first degree residential burglary, and the court sentenced him to a 13-year prison sentence. (Pen. Code, §§ 459, 460, subd. (a).) Defendant argues the court erred in refusing to give CALCRIM No. 315, relating to the accuracy of eyewitness identifications. We disagree and affirm. The parties did not truly dispute the accuracy of the eyewitness identifications placing defendant at the scene, and defendant argued he was merely “at the wrong place at the wrong time.” The trial turned on the credibility of an accomplice who declined to identify defendant. Under the facts of this case, CALCRIM No. 315 was not required.
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