P.

FACTS

As Julio Torrez parked his car, two men, wearing dark blue or black sweatshirts with hoods, ran toward him. One of them, holding a gun, demanded Torrez give him money and the car keys. The second man entered the car on the passenger side and the man with the gun got into the driver‟s side and drove away.

2 After receiving a report of a carjacking police found the car. Inside were two Hispanic men wearing dark sweatshirts with hoods, as described in the report. When the police first began following the car they saw the passenger throw a gun out the window, after which followed a high-speed chase. When the car stopped, the passenger jumped out and ran. Defendant, in the driver‟s seat, surrendered. Several items, including the stereo and tools, were missing from the car. Torrez could not positively identify the gun as the one used but said it looked similar. At an in-field show up, Torrez was not absolutely sure defendant was the one who had taken the car. He was afraid of retaliation by the two men. About six weeks later Torrez picked defendant out of a six-pack photo lineup but at trial testified he did not recall whether he had identified him. A search of defendant‟s…