State v. Lally

¶1 The State charged Daniel Lally in the Fourth Judicial District Court, Missoula County, with two counts of felony theft. Lally pleaded not guilty and thereafter filed a motion to exclude photo-identification testimony by one of the police officers involved in the investigation. The District Court denied the motion. Lally then entered into a plea agreement, reserving his right to appeal the District Court’s adverse ruling. For the reasons which follow, we affirm the District Court’s decision.

BACKGROUND

¶2 At approximately 12:30 a.m. on November 2, 2004, City of Missoula Police Officer Timothy…