People v. Montoya

CRISWELL, Judge.

The defendant, Jerry Montoya, appeals the judgment of conviction of aggravated robbery and of being an habitual criminal. We reverse and remand for a new trial.

In February 1985, a tavern was robbed by an armed masked robber. Because of the mask, the bartender was unable to identify the perpetrator, although she testified that, like defendant, he was short, dark-complexioned, and of Hispanic ancestry.

A relative by marriage of defendant’s, who was a customer of the bar just before and immediately after the robbery, and who had occasion to see the robber prior to his entry into…