State v. Garrett

DIXON, Chief Judge.

Calvin Garrett was convicted by a jury of kidnapping and assault with intent to do great bodily harm with malice. He was sentenced by the jury to six years for kidnapping and five years for the assault, the sentences to run consecutively. Although granted an additional thirty days to file a motion for new trial, no such motion was filed. On this appeal, defendant contends as “plain error” under Rule 27.20(c) : an in-court identification was invalid because based on overly suggestive police tactics; the evidence was insufficient to prove malice aforethought and deliberation,…