State v. Nelson

CYNTHIA L. MARTIN, Judge.

Demetrius Nelson appeals from the trial court’s judgment convicting him of attempted forcible sodomy, assault in the first degree, burglary in the first degree, and attempted robbery in the second degree after a bench trial. Nelson contends that the trial court erred: (1) in denying Nelson’s motion to suppress the victim’s out-of-court and in-court identifications of Nelson; and (2) in denying Nelson’s motions for judgment of acquittal as to the count of attempted forcible sodomy. We affirm.

Factual and Procedural History 1

On September 6, 2008, just prior to 3:00 a.m.,…