STATE v. ROYER

No. 12160-3-II.

58 Wn. App. 778 (1990)

794 P.2d 1325

THE STATE OF WASHINGTON, Respondent, v. DEAN ALAN ROYER, Appellant.

The Court of Appeals of Washington, Division Two.

August 13, 1990.


Attorney(s) appearing for the Case

Bryan G. Hershman and Abolofia & Hershman, P.S., for appellant.

John W. Ladenburg, Prosecuting Attorney, Chris Quinn-Brintnall, Senior Appellate Deputy, and Helen Chabot, Legal Intern, for respondent.


REED, J.

Dean Alan Royer appeals his first degree robbery conviction. He argues that the photo montage identification procedure was improper because he was in custody at the time the montage was shown to the witness who identified him. Royer also argues that both his Fifth and Sixth Amendment rights to counsel were violated because an officer was allowed to testify regarding his in-custody interrogation of Royer after the appointment of counsel. We reverse.

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