Costales v. State

Costales appeals his convictions and sentences entered pursuant to a jury verdict finding him guilty of three counts of robbery and burglary of a structure.

At trial, Detective Smith testified, regarding a photo lineup, that upon receiving a description of the perpetrator of the crime from the victim, he investigated other cases and put together the photographic lineup from which the victim identified the defendant. The defendant moved for a mistrial on the basis that said testimony implies the defendant has a criminal background and as such was inadmissible, improper and constituted…