State v. Grier

JOHNSON, Judge.

By his assignments of error, defendant presents three questions for review: (1) whether in-court identification of defendant was tainted by an impermissibly suggestive pretrial identification procedure; (2) whether the trial court erred in refusing to instruct the jury on the lesser included offense of assault with a deadly weapon with intent to kill; and (3) whether the trial court erred in failing to find as a mitigating factor that at the time of the offense, defendant suffered from a drug problem that was insufficient to constitute a defense but significantly reduced his…