Diano L. Gordon v. State of Indiana

OPINION

MATHIAS, Judge.

Diano Gordon (“Gordon”) was convicted in Marion Superior Court of Class D felony attempted residential entry and Class D felony escape. Gordon appeals his convictions and raises two issues, which we restate as:

I. Whether the admission of an eyewitness’s identification testimony constituted fundamental error where the in-court identification arose from a show-up identification on the date of the crime; and,

II. Whether Gordon’s escape conviction should be reduced to unauthorized absence from home detention by application of the rule of lenity.

We affirm.

Facts and Procedural…