People v. Beyah

Following a jury trial, defendant was convicted of burglary (Ill. Rev. Stat. 1975, ch. 38, par. 19 — 1) and sentenced to a term of 5 to 15 years in the penitentiary. On appeal, he contends that (1) the trial court erred in denying his motion to suppress identification testimony, and (2) that the matter should be remanded for resentencing because in determining sentence the trial court considered a prior conviction which was subsequently reversed.

Prior to trial defendant moved to suppress identification testimony on the ground that the identifications of defendant resulted from a photographic…