People v. Ortega

Opinion by

JUDGE WEBB

1 Everyone agrees that the Fifth Amendment prohibits compelling a defendant's testimony, but does not preclude evidence of the defendant's physical characteristics, Still, where a trial court orders a defendant to speak solely for voice identification by the jury, does the procedure involve improper testimonial or proper physical evidence? And even if the identification involves only physical evidence, is the procedure impermis-sibly suggestive because the jury hears only the defendant's voice? These questions are unresolved in Colorado,

T2 A jury convicted Ramon Anthony…