Boscaino v. State

Carley, Judge.

Appellant was tried before a jury on an indictment which charged him with robbery by use of force. The jury returned a verdict of guilty. Appellant appeals from the judgment of conviction and sentence entered on the jury’s verdict.

1. Appellant enumerates the general grounds. A photographic lineup was conducted three days after the incident occurred. At that time, the victim positively identified appellant as a perpetrator. The victim could not, however, subsequently make a positive in-court identification of appellant. The victim stated: “Visualizing the way [appellant] appeared…