State v. Tucker

ZIMMERMAN, Justice:

This is an appeal from a conviction of aggravated robbery under U.C.A., 1953, § 76-6-302 (1978 ed.). Defendant challenges his conviction on grounds that he was identified by the victim as a result of an improperly suggestive showup and lineup, that the prosecutor’s closing argument constituted impermissible comment on his failure to take the stand, and that the trial court erred in refusing to give a cautionary Telfaire-type instruction regarding the eyewitness identification of defendant. We reject these claims and affirm.

Early in the morning of February 18, 1983, two men…