Clark v. State

Steele Hays, Justice.

James Edward Clark, appellant, was charged along with Louis Ricarte and Terry Brannen with three counts of aggravated robbery, three counts of kidnapping and with two counts of theft of property. The cases were severed and Clark was convicted on each count resulting in sentences totaling 135 years. Three points for reversal are presented on appeal: (I) The trial court erred in submitting the three counts of kidnapping to the jury as Class “Y” felonies; (II) The courtroom identification of the appellant was tainted by suggestive photographic lineups prior to trial; and…