Bennett v. State

OPINION

CORNISH, Judge:

The appellant was convicted of Burglary in the First Degree, After Former Conviction of a Felony, in the District Court of Oklahoma County. He was sentenced to twenty-five (25) years’ imprisonment.

The appellant first argues that the eyewitness identification resulting from a one-on-one show-up was unnecessarily suggestive and conducive to irreparable mistaken identification. The appellant concedes he did not object to the in-court identification and did not request a cautionary instruction on witness identification.

A leading case interpreting the propriety of in-court…