Gehrke v. State

OPINION

By the Court,

Batjer, J.:

Dennis Gehrke appeals his conviction for robbery with the use of a deadly weapon. Gehrke asserts two grounds for *583reversal: (1) the pretrial identification was unduly suggestive and unreliable, and (2) the prosecutor’s opening remarks gave rise to an improper inference of prior criminal activity by Gehrke. We affirm.

At about 3:15 a.m. on September 21, 1977, a Las Vegas gas station attendant was robbed at gun point. He and his girlfriend were the only witnesses to the crime. The police were summoned. The victim described the robber as 5'9", 135-140 pounds, with…