PEOPLE v. LOPEZ

No. 77-905.

605 P.2d 69 (1979)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Gilbert R. LOPEZ, Defendant-Appellant.

Colorado Court of Appeals, Div. I

December 28, 1979.


Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Dale Tooley, Dist. Atty., Brooke Wunnicke, Chief App. Deputy Dist. Atty., Denver, for plaintiff-appellee.

J. Gregory Walta, Colorado State Public Defender, Arthur S. Nieto, Sp. Deputy Public Defender, Denver, for defendant-appellant.


ENOCH, Chief Judge.

Defendant appeals from his conviction by a jury of first degree assault. We affirm.

Defendant first contends that the court erred in not suppressing the in-court identification of the defendant by the prosecution's two main witnesses. His argument is based on the premise that a pre-trial photo-identification procedure was illegal or suggestive and that the prosecution failed to prove that the in-court identification was in no way influenced...

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