State v. James

Defendant was convicted of second-degree robbery, ORS 164.405; second-degree theft, ORS 164.043; harassment, ORS 166.605; and carrying a concealed weapon. ORS 166.240. On appeal, he asserts that the trial court erred in denying his pretrial motion to exclude evidence of two witnesses’ identification of him as the perpetrator of the crimes. For the reasons explained below, we conclude that the trial court properly determined that, although the procedure used for the identification was unduly suggestive, “other aspects of the identification at the time it was made substantially exclude the risk…