P. v. Sanchez
A jury found defendant Ramon Sanchez guilty on one count of auto theft and one count of evading a peace officer by reckless driving, based on testimony of a police officer who was one hundred percent sure that defendant was the individual he saw driving a stolen Honda Accord. On appeal, defendant argues that the circumstances surrounding the identification are such that [the officers] identification is unreliable as a matter of law and cannot support a conviction. Defendants dispute with the officers testimony, however, presents only an issue of credibility, which under well‑settled law is within the sole province of the trier of fact and cannot (with few exceptions not applicable here) be raised on appeal. (People v. Fleming (1961) 191 Cal.App.2d 163, 169-170.) Court reject defendants claim, conclude that the jurys verdict is supported by substantial evidence, and affirm.
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