State v. Burns

OPINION

WADE, Judge.

Benjamin Anthony Burns and Frank Edward Burns appeal from their convictions for second degree burglary and grand larceny. Each defendant was sentenced as a Range II persistent offender to concurrent terms of 15 and 10 years, respectively. The sentences are consecutive to sentences imposed for prior convictions.

Benjamin Anthony Burns attacks (1) the sufficiency of the evidence and (2) the in-court identification by a police officer. Each defendant claims (3) that his constitu*357tional rights were violated when a witness subpoenaed by the defense refused to testify on fifth…