State v. Bartow

WELLS, Judge.

Defendant first argues that the trial court erred by not suppressing evidence of Ms. Hales’ out-of-court photographic identification of him as the perpetrator of the robbery. He contends the identification procedure was impermissibly suggestive because (1) the photographs shown to Ms. Hales were altered by the drawing of eyeglasses on each person pictured so as to conform to Ms. Hales’ description of the robber, and (2) because his photograph was distinguishable from the others in that he was the only person pictured having cuts and bruises on his face and wearing dark clothing.…