State v. O'Toole

GUNN, Judge.

Defendant appeals from a conviction of robbery in the first degree and sentence under the Second Offender Act1 to fifteen years imprisonment. On appeal, defendant raises two points: 1) that the trial court erred in allowing the victim’s testimony as to declarations made at a pretrial photographic identification of defendant; 2) that it was error to admit into evidence medical records of the victim’s condition. We find no error and affirm the judgment.

The sufficiency of the evidence is not challenged. Onnist Thomas, a 60 year old man, lived alone in an apartment. On the evening of…