Can a lay witness give opinion testimony on the identification of a witness?

A lay witness may offer opinion testimony if it is rationally based on the witness's perception and helpful to a clear understanding of the witness's testimony. (Evid. Code, 800.) [T]he identity of a person is a proper subject of nonexpert opinion.' (People v. Leon (2015) 61 Cal.4th 569, 601 (Leon).) Rulings permitting such identifications are reviewed for abuse of discretion. (Id. at p. 600.)

Discussion

The People rightly note that no objection was made to the identification and, thus, this issue would typically be forfeited. However, as shown below, even if we overlooked this forfeiture, we would find no merit in appellant's complaint. (See People v. Thompson (2010) 49 Cal.4th 79, 121 & fn. 14 [analyzing merits of forfeited claim to resolve ineffective assistance of counsel contention while noting that such a claim does not automatically transform a forfeited claim into a cognizable one].)