S-12-1208, State v. Antwan Jones (Appellant)
Douglas County, Judge Peter Bataillon
Attorneys: Thomas C. Riley (Public Defender’s Office) (Appellant) ---Kimberly Klein (Attorney General’s Office)
Criminal: Count I: First Degree Murder; Count II: Use of a Firearm to Commit a Felony; Count III: Possession of a Firearm by a Prohibited Person.
Proceedings below: A jury found Appellant guilty of all 3 counts. He was sentenced: Count I: life in prison; Count II: 40 to 50 years; Count III: 40 to 50 years. Count III was ordered to run concurrently with Count I and Count II was to be served consecutively to the sentences in Counts I and III.
Issues: The trial court erred in (1) overruling Appellant’s motion to suppress the in-court identification of Appellant by eyewitnesses Johnson and Myers and allowed each to make an in-court identification of Appellant as the person who shot the deceased; (2) articulating its ruling or including any findings when overruling Appellant’s motion to suppress eyewitness identification which omission constitutes reversible error.