State v. Wyatt

JUSTICE FEW:

Shawn Lee Wyatt appeals his convictions for attempting to furnish contraband to a prisoner and possession with intent to distribute cocaine, cocaine base, and marijuana. He argues the trial court erred by not suppressing two eyewitness identifications. We affirm the trial court’s decision not to suppress the primary identification. We find, however, the police identification procedure was not unnecessarily suggestive, and thus the trial court should have addressed the suppression question only under the first prong of Neil v. Biggers.1 As to the other identification, we find no…