01-0720-CR State v. Collazo

By: dmc-admin//February 4, 2002//

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Miguel Collazo appeals a judgment convicting him of armed robbery of a Sentry store and an order denying his postconviction motion. He argues that a photo lineup procedure was unduly suggestive and tainted the store clerk’s in-court identification of Collazo. He also argues that the trial court erred when it admitted into evidence store records confirming that Collazo had a customer identification card because there was no foundation that the clerk was the custodian of the record and this information was irrelevant.

Because we conclude that the photo lineup procedure was not unduly suggestive and that any error by admitting the store records into evidence was harmless, we affirm the judgment and order.

This opinion will not be published.

Dist III, Brown County, Zuidmulder, J., Per Curiam

Attorneys:

For Appellant: David R. Karpe, Madison

For Respondent: Dana J. Johnson, Green Bay; Sandra L. Nowack, Madison

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