State v. Osorio

OPINION

GARBARINO, Judge.

Robert Osorio (defendant) appeals his conviction and sentence for armed robbery. On appeal, he contends that his photographic lineup was unduly suggestive thereby tainting the in-court identification and that the trial court erred by failing to give the Dessureault instruction that he had requested. See State v. Dessureault, 104 Ariz. 380, 453 P.2d 951 (1969), cert. denied, 397 U.S. 965, 90 S.Ct. 1000, 25 L.Ed.2d 257 (1970).

FACTS AND PROCEDURAL HISTORY

We view the evidence in the light most favorable to sustaining the jury’s verdict. State v. Atwood, 171 Ariz. 576, 596,…