TEGOSEAK v. State

OPINION

MANNHEIMER, Judge.

Following a jury trial, Frank Moses Tego-seak was convicted of felony driving under the influence and driving with a suspended license.1 Both the grand jury that indicted Tegoseak and the trial jury that convicted him heard the testimony of Robert Maestas, a private citizen who observed a Ford Bronco being driven in an obviously impaired manner, and who later identified Tegoseak from a photographic lineup as having driven the Bronco.

In pre-trial motions, Tegoseak argued that the photographic lineup was conducted in an unduly suggestive manner and that the superior…