State v. Johanesen

Defendant appeals from an order reinstating his judgment of conviction, following a jury trial, of first degree robbery. ORS 164.415. We vacate the judgment.

At trial, defendant offered into evidence the testimony of a defense investigator who had shown four photographs to the victim of the robbery. The photo throw-down consisted of mug shots of three clean-shaven men and one man with a moustache. Defendant had a full beard at the time of the robbery. His picture was not included in the photo throw-down prepared by the defense investigator. The victim said that the man with the moustache…