P.

BACKGROUND

On October 10, 2009, at approximately 1:45 a.m., a female entered a convenience

store in Santee, California, and asked the attendant Sidney Leckron, "Where is your

bathroom?" Leckron responded, "Next to my bedroom, where is yours?" The female left

and reported the exchange to Cabrera and Damian, who in turn confronted and beat

Leckron in an incident captured on surveillance video. Leckron suffered a broken nose

during the incident, and he could not see out of his left eye for about a week or two

afterwards.

After San Diego County Sheriff's Detective Stephen Gray developed leads about

Cabrera and Damian as suspects in the crime and obtained photographs of them from

available databases, he compared the photographs with the surveillance video. Detective

Gray prepared photographic lineups involving both suspects. Leckron viewed a

photographic lineup and initially vacillated between two of the photographs before

selecting Cabrera's, stating he was 95 percent certain of his identification. Leckron also

identified Damian from a photographic lineup. At trial, Leckron identified Cabrera with

100 percent certainty.

Detective Gray showed Cabrera's…