People v. Boungnarith CA1/2

background of the issue presented to the trial court:

1 “[T]he People seek to introduce testimony from Jantar Phun identifying the defendant as a participant in the June 23, 2012, and July 1, 2012 robberies of Magic Fingers Spa [the two charged offenses]. Ms. Phun was not a percipient witness to the [robberies], but rather identified the defendant through video surveillance. “On July 12, 2012, San Mateo Police arrested Jantar Phun for participating in a robbery of a prostitution house. As a result, San Mateo Police contacted the Berkeley Police Department due to similar robberies in Berkeley. Sergeants Dave Lindenau and Frank Landrum responded to the San Mateo Police Department and interviewed Ms. Phun. “During the interview Sergeants Lindenau and Landrum showed Ms. Phun four surveillance videos of robberies that occurred at the Magic Fingers Spa on June 18, 2012, June 23, 2012, July 1, 2012, and July 6, 2012. In the videos relating to the June 23, 2012, and July 1, 2012 robberies, Ms. Phun identified the defendant as one of the suspects. Ms. Phun also identified Que Bui as another suspect of the two robberies. Ms. Phun said that Que Bui also goes by the name Joseph. Ms. Phun…