Asberry v. State

Appellant Asberry has challenged his convictions and sentencing for robbery with a weapon, and grand theft. He contends that the trial court erred (1) in admitting hearsay testimony, (2) in failing to strike the jury panel and (3) in denying his motion for mistrial. Because we reverse and remand for a new trial on point one, we do not reach the remaining issues on appeal.

Asberry’s defense at trial was misidenti-fication. The state presented the victim’s testimony that she had borrowed an automobile from a friend named Frazier. When she stopped to use a public phone, *87the accused approached her…