State v. Mackey

Defendant was convicted in separate trials on two charges of robbery in the first degree, ORS 164.415(l)(a),1 and the trial court imposed multiple five-year minimum sentences under ORS 161.610. Defendant appeals. We modify the sentence and otherwise affirm.2

He first contends that the trial court erred in denying his motions to suppress identifications of him by certain witnesses to the robberies, because the identification procedures used were impermissibly suggestive. At the conclusion of the hearing on the motions to suppress the identifications, the trial court orally stated its findings:

“T…