State v. Mitchell

The opinion of the court was delivered by

Biles, J.:

Michael Mitchell was convicted of aggravated robbery based entirely on the victim’s eyewitness identification. The victim picked Mitchell out of a photo lineup a few days after the robbeiy and indicated 100 percent certainty that Mitchell was the assailant. At trial, the victim testified he had known Mitchell for several months before the attack but did not know his name.

On appeal, Mitchell argues the district court should have deleted the degree of certainty factor from those listed in PIK Crim. 3d 52.20, which is the cautionaiy eyewitness…