In People v. Bethea (1971) 18 Cal.App.3d 930, the defendant urged that the burden was upon the People to show that the in-court identification was free from the taint of an impermissibly suggestive pretrial photographic identification. The defendant argued that when the People failed to produce the photographs at trial, this failure, as a matter of law, established that the photographic identification was improper. In rejecting the defendant's contention, the court held, "The mere claim of unfairness is not enough. The People's burden does not arise until there is some evidence that the photographic identification procedure was impermissibly suggestive." (P. 938.) The court then concluded that there was ". . . no evidence of undue suggestion created by the procedures used. The testimony of the witness is clear and frank, and there is no hint of connivance, evasion, or skulduggery on the part of the police." (Ibid.) The court concluded that the witness' identification was based on his personal observation of this defendant at the time of the commission of the alleged crime, and noted that there was no evidence indicating that the in-court identification was in any way tainted by the photographic lineup.