Devlin v. State

Smith, Judge.

The appellant was convicted of armed robbery after allegedly using a handgun to rob a motel desk clerk. The primary issues in this appeal are admission of (1) the desk clerk’s in-court identification based on an allegedly tainted pre-trial photographic line-up, and (2) a handgun found on appellant’s person much after the robbery and identified as similar to the one used in the robbery. Finding no error, we affirm the conviction.

1. In general, the trial court, on a motion to quash an in-court identification, must consider the possibility of misidentification by reviewing (1) the…