The State appeals the trial court’s grant of Kenneth Ray Norton’s motion to suppress a photographic lineup identification of Norton. Specifically, the State contends that the court failed to apply the correct legal test in determining the photographic identification’s admissibility. For the reasons below, we agree. While the trial court’s findings as to disputed facts in a ruling on a motion to suppress will be reviewed to determine whether the ruling was clearly erroneous, where the evidence is uncontroverted and no question regarding the credibility of witnesses is presented, the trial court’s application of the law to undisputed facts is subject to de novo appellate review. Citations omitted. Vansant v. State. 1 Here, the undisputed record shows that during the very early morning hours, Megan Morris awoke to find a white male in a black ski mask standing next to her bed. Morris began screaming and, as the man threatened her, she pleaded with him to leave. Morris was eventually able to lead the man from her bedroom to her living room and out her front door without being harmed. During the entire incident, a 13-inch television illuminated Morris’s bedroom, and light from her laundry room illuminated her living room. After the man left, Morris called 911 and reported the incident to police. She told investigating officers that the suspect was a white male in his 40′s, approximately 5’7″ to 5’8″, wearing stone-washed blue jeans, and weighing 160 pounds.
Shortly after responding to the burglary, police conducted a traffic stop near Morris’s home. Norton, a 5’7″ tall white male in his 40′s weighing 160 pounds, was driving the car, but he was released because he did not match an initial description available at that time. Later, after talking again with Morris and confirming the intruder’s description, the police issued a “look out” for the car previously stopped.