State v. Barela

OPINION

WALTERS, Chief Judge.

These are appeals from defendant’s conviction of aggravated battery and sentencing as an habitual offender. We have consolidated them for decision. We reverse the conviction on the underlying offense and vacate the habitual sentence.

The issues on the substantive conviction are whether the trial court erred in admitting evidence of an out-of-court identification of defendant’s photo by the victim when the victim in the case had died before trial; and whether, absent the identification, there was sufficient evidence to convict.

We vacate the sentence imposed, but…