State v. Baker

OPINION

BYERS, Judge.

The defendant was convicted of burglary in the second degree and sentenced to serve not less than three (3) years nor more than six (6) years in the penitentiary.

The defendant says the trial court should have suppressed the lineup identification because of lack of counsel thereat and lack of waiver thereof, and says a new trial should have been granted on the basis of newly discovered evidence.

The judgment is affirmed.

The circumstances surrounding the lineup in which the defendant was identified did not require the appointment of counsel or waiver thereof to avoid…