Aker v. State

STATON, Judge.

David Wayne Aker was charged and convicted by jury of the crimes of Rape 1 and Sodomy. 2 He was sentenced to the Indiana Department of Correction for a period of not less than two nor more than twenty-one years for Rape and for not less than two nor more than fourteen years for Sodomy. The trial court ordered these sentences to be served concurrently.

On appeal, Aker raises one issue for our consideration. Was he denied a fair trial because the in-court and the out-of-court identifications were tainted by the allegedly impermissibly suggestive pre-trial identification.

We affirm.

Th…