State v. Herrera

Justice WALLACE, JR.

delivered the opinion of the Court.

The issue presented to the Court is whether the identification procedure used by the police was impermissibly suggestive and resulted in a substantial likelihood of misidentification. Prior to trial, defendant sought to exclude evidence that the victim had identified him at the showup. Following a hearing, the trial court concluded that the out-of-court showup was not impermissibly suggestive and denied defendant’s motion. Based largely on the victim’s identification testimony, a jury convicted defendant of carjacking and receiving stolen…