Smith v. State

Birdsong, Judge.

Alvin Michael Smith appeals his conviction for two counts of sale of cocaine, obstruction of an officer and criminal trespass.

His defense was “mistaken identity.” He was not arrested at the time of the cocaine sales. He complains, as fatal to his defense, of “the prosecution’s refusal or failure (and the Superior Court’s condo-nation of that act), to identify the passenger who accompanied agent Marc Williams on the cocaine buys. . . .” He also contends the trial court erred in denying his motion to suppress “the tainted identification of the undercover officer ... [of Smith]…