Brown v. State

Banke, Chief Judge.

The appellant was convicted of one count of selling cocaine and nine counts of selling marijuana in violation of the Controlled Substances Act. He was also convicted of three counts of selling counterfeit substances. On appeal, he contends that the trial court erred in admitting evidence of a pre-trial photographic “lineup” at which he was identified by the police undercover agent to whom all the alleged sales were made. Specifically, he contends that the photographic display should have been presumed suggestive due to the state’s failure to preserve the other photographs…