Pasco v. State

JOHNSON, Presiding Judge.

Alturo Juan Pasco appeals from his conviction for armed robbery. His sole argument is that the trial court, in giving the pattern charge on eyewitness identification, erroneously included language that one factor to be considered by the jury in assessing the reliability of the identification is the level of certainty shown by the witness about his or her identification. The state concedes that under the authority of Brodes v. State,1 the trial court’s inclusion of the “level of certainty” language in the charge was erroneous. But, the state argues, the error was…