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GORDON v. STATE

No. 49A05-1205-CR-242.

981 N.E.2d 1215 (2013)

Diano L. GORDON, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

January 24, 2013.

Attorney(s) appearing for the Case

David Becsey , Zeigler Cohen & Koch, Indianapolis, IN, Attorney for Appellant.

Gregory F. Zoeller , Attorney General of Indiana, Ryan D. Johanningsmeier , Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

MATHIAS, Judge.

Diano Gordon ("Gordon") was convicted in Marion Superior Court of Class D felony attempted residential entry and Class D felony escape. Gordon appeals his convictions and raises two issues, which we restate as:

I. Whether the admission of an eyewitness's identification testimony constituted fundamental error where the in-court identification arose from a show-up identification on the date of the crime; and, II....

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