STATE OF IOWA, Plaintiff - Appellee, vs. RICCO FOUNTAIN THIGPEN , Defendant - Appellant.
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IN THE COURT OF APPEALS OF IOWA
No. 8-652 / 07-0359
Filed November 26, 2008
STATE OF IOWA,
Plaintiff-Appellee,
vs.
RICCO FOUNTAIN THIGPEN,
Defendant-Appellant.
________________________________________________________________
Appeal from the Iowa District Court for Linn County, David M. Remley,
Judge.
A defendant appeals following his conviction of two counts of first-degree
robbery. AFFIRMED.
Clemens A. Erdahl and Mark D. Fisher, Cedar Rapids, for appellant.
Thomas J. Miller, Attorney General, Elisabeth S. Reynoldson, Assistant
Attorney General, and Harold Denton, County Attorney, for appellee.
Considered by Huitink, P.J., and Vogel and Eisenhauer, JJ.
2
PER CURIAM
Following a jury trial, Ricco Thigpen was convicted of two counts of firstdegree robbery in violation of Iowa Code sections 711.1 and 711.2 (2005). On
appeal he asserts the district court erred: (1) in failing to suppress the photo
identification line-up, (2) in failing to grant his motion in limine as to information
Thigpen was known by one or more street names, and (3) in failing to grant
Thigpen’s motion for judgment of acquittal or for new trial.
We agree with the district court that there was a reasonable effort to
harmonize the photographs selected in the line-up and the photo line-up was not
impermissibly
suggestive,
nor
was
there
a
substantial
likelihood
of
misidentification. State v. Rawlings, 402 N.W.2d 406, 408 (Iowa 1987). Further,
the victims spent an extended amount of time with or near the defendant during
the evening prior to the robbery such that each readily identified the defendant
from the line-ups presented.
We also agree with the district court’s denial of Thigpen’s motion in limine,
as the use of nicknames or street names explained the officer’s conduct, leading
him to suspect Thigpen as the person who committed the robberies.
We further agree with the district court’s denial of Thigpen’s motions for
judgment of acquittal and new trial, as the greater weight of the evidence does
support the verdict. State v Ellis, 578 N.W.2d. 655, 658-659 (Iowa 1998).
We therefore affirm pursuant to Iowa Court Rule 21.29(1)(a), (b), (c), (d),
and (e).
AFFIRMED.
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