People v. Best

KIRSHBAUM, Judge.

Defendant, Larry Wayne Best, appeals his jury convictions of aggravated robbery, second degree kidnapping, and violent crime. We reverse.

The record reveals ,the following facts. On September 12, 1980, the owner of a Golden, Colorado, restaurant was robbed and kidnapped by two individuals.

At trial, the owner identified defendant as one of the offenders. Upon being asked by the prosecution whether he had seen a photograph of defendant prior to trial, the owner answered, “No.” Other evidence established, however, that ten days after the incident a police officer showed the owner…