State v. Brooks

JOHNSON, Judge.

In his first assignment of error, defendant asserts that the trial court failed to make adequate findings of fact to resolve conflicts in the evidence which would determine the admissibility of the identification testimony of Marshall Goodson, the victim. Defendant specifically challenges the in-court identification on two grounds: (1) that the pretrial identification from the photographic array was impermissibly suggestive; and (2) that Mr. Goodson’s pretrial identification of him at the preliminary hearing on 3 November 1983 was impermissibly suggestive and tainted the…