State v. Holland

WASSERSTROM, Judge.

The indictment charged defendant in two counts, the first being for forcible rape and the second being robbery in the first degree. The jury found defendant guilty on both counts and assessed his punishment at 70 years imprisonment on Count I and 5 years on Count II. The trial judge reduced the sentence to 25 years on Count I and 5 years on Count II, those sentences to run concurrently.

Defendant appeals on the sole ground that “[t]he trial court erred in failing to suppress the out of court identification made by the victim at a suggestive and fundamentally unfair lineup…