Greeley

I. BACKGROUND

A. The Prosecution’s Case Just before midnight on July 26, 2018, Karl Day looked out his second floor apartment window and observed two men and a woman “acting suspiciously.” Day observed one of the men looking through the window of another apartment, while the other man and woman acted as lookouts. Day thought that the woman “look[ed] Asian.” Eventually, Day saw one of the men pushing against the window. After Day heard the window break, he called 911. One of the men then climbed into the apartment. After police responded, Day told an officer that he “would not be able to recognize the suspects if [he] saw them again” based on “[e]nvironmental factors,” meaning “the short amount of time” that he saw them, “the lighting,” and “the distance” involved. Officer Hymel Dunn responded to Day’s 911 call within minutes. As he arrived on the scene, his headlights illuminated a woman, who Dunn later identified as defendant, lying in a prone position underneath a truck, with a large bag within arm’s reach. The location was about 75 to 100 yards from the apartment. Dunn ordered defendant to come out from the under the truck and arrested her. The bag contained items that…