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Brown v. State

State witness's identification of defendant's accomplice did not violate defendant's confrontation right, since defendant had raised the fact that an accomplice had turned the focus of the investigation on him.

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Derrick H. Brown was indicted for and convicted of aggravated assault on a person 65 years old or older, robbery by force, kidnapping with bodily injury, and burglary. He makes two arguments on appeal: 1 the trial court erred in failing to grant a motion to suppress evidence that he was identified in a lineup and failing to grant a motion in limine to prevent the victim from identifying him in court; and 2 the trial court erred in allowing a deputy sheriff to testify that an accomplice led to Brown’s arrest. We disagree and affirm.

Construed to support the verdict, the evidence at trial showed that Brown pushed his way into the home of the 83-year-old victim, hit her on the back of her head with a table lamp, twisted her arm behind her back to force her to the floor, dragged her into another room, tied her wrists and ankles together, and kicked her in the back. Brown and an accomplice then rummaged through the house and left with several guns and the victim’s pocketbook.

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