State v. Smith

BURNETT, Judge.

This case presents a potpourri of issues relating to a conviction of first degree burglary and to a determination that the defendant is a persistent violator. The convicted defendant, Wilburn Smith, asserts that his trial on the burglary charge was tainted by a denial of due process because (1) the court admitted unreliable identification testimony; (2) an alleged accomplice invoked the Fifth Amendment privilege, frustrating Smith’s right of cross-examination; and (8) an accumulation of errors resulted in an unfair trial. With respect to the persistent violator determination,…