State v. Mays

REINHARD, Presiding Judge.

Defendant was convicted by a jury of robbery first degree and armed criminal action. Under the Second Offender Act, the court assessed punishment at 15 years for robbery first degree and 5 years for armed criminal action, these sentences to run consecutively. On appeal, defendant contends that the trial court erred in two instances: (1) by refusing to give his cautionary instruction on identity and (2) by refusing to allow his attorney to argue the “historic unreliability of eyewitness testimony.”

The testimony of the state’s two principal witnesses, Miss Hester and…