State v. Milonich

HAYS, Justice.

Milonich was indicted for the crime of sale of marijuana ARS § 36-1002.07. The offense occurred when an officer of the Phoenix Police Department purchased a bag of marijuana from the appellant, hereinafter referred to as the defendant.

The only question raised on appeal is whether the pretrial identification procedure of the officer was impermissibly suggestive, giving rise to an irreparable misidentification of the defendant and tainting the in-court identification. Simmons v. United States, 390 U.S. 377, 88 S.Ct. 967, 19 L.Ed.2d 1247 (1968). The test is one of the totality of…