Swartz v. State

BAKER, Judge.

Defendant-appellant Kenneth M. Swartz appeals his conviction for rape, a Class B felony.1 He raises five issues for our review, which we restate as:

I. Whether the photographic lineup was impermissibly suggestive and raised a substantial likelihood of misidentification.

II. Whether the trial court impermissi-bly allowed the State to introduce evidence of Swartz's prior rape conviction to impeach one of the defense witnesses on cross-examination.

III. Whether prosecutorial misconduct during final argument was fundamental error.

IV. Whether the trial court erred when it gave the…