State v. Gallegos

OPINION

ALARID, Judge.

Miguel Angel Gallegos (Defendant) seeks reversal of a jury conviction for armed robbery with firearm enhancement, claiming:

1. The trial court erred in not allowing Defendant’s brother to display his tattoos;

2. The trial court erred in denying Defendant’s requested jury instruction on eyewitness testimony; and,

3. The identification procedures were impermissibly suggestive.

On the first issue, we find that the trial court erred in refusing to admit the tattoo display as demonstrative evidence. However, the refusal does not constitute plain error, so reversal is not…