STATE v. ARMSTRONG

No. 81-751.

317 N.W.2d 716 (1982)

STATE of Minnesota, Respondent, v. Robert ARMSTRONG, Appellant.

Supreme Court of Minnesota.

April 9, 1982.


Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, and Mark F. Anderson, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Thomas L. Johnson, County Atty., Vernon E. Bergstrom, Chief, Appellate Section, Michael McGlennen, Thomas A. Weist and Jerry Strauss, Asst. County Attys., and Beverly J. Wolfe, Staff Atty., Minneapolis, for respondent.

Considered and decided by the court en banc without oral argument.


SIMONETT, Justice.

After waiving his right to a jury trial, defendant was found guilty by the trial court of a charge of simple robbery and was sentenced according to the Sentencing Guidelines to the presumptive sentence of 38 months in prison. On his appeal from judgment of conviction defendant challenges the sufficiency of the evidence on identity and claims that the trial court erred in admitting eyewitness identification testimony by the victim, who first identified...

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