State v. Cabinatan
Annotate this CaseAfter a jury trial, Defendant was convicted of burglary in the first degree and unauthorized entry into motor vehicle in the first degree. According to the State, Defendant’s co-defendant entered Jennifer Kincaid’s garage and Jeffrey Sampson’s van, while Defendant was the getaway driver. Kincaid, the only witness who identified Defendant as the driver in the incidents, identified Defendant in a field show-up procedure conducted shortly after she reported the burglary. Defendant and his co-defendant were the only two suspects present at the field show-up, prior to which the police informed Kincaid that they had stopped a vehicle that matched her description. The intermediate court of appeals (ICA) affirmed. The Supreme Court vacated the ICA’s judgment on appeal and the circuit court’s judgment of conviction and sentence, holding that, under the particular circumstances of this case, the circuit court abused its discretion in refusing to give a specific instruction on field show-up identifications. Remanded.
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