State v. Young

HEDRICK, Judge.

The first assignment of error argued in defendant’s brief is “the trial court’s denial of defendant’s Motion to Suppress the out-of-court photographic identification of the defendant” by the prosecuting witness. Defendant contends that the out-of-court identification was the product of an impermissibly suggestive photographic identification procedure. Since no evidence was presented at trial that defendant was identified at this pre-trial photographic identification session, then even if the procedure was impermissibly suggestive, its only relevance for defendant’s appeal would…