In the Missouri Court of Appeals
Eastern District
DIVISION TWO
STATE OF MISSOURI, ) ED102736
)
Appellant, ) Appeal froln the Circuit Court
) of the City of St. Louis
v. ) l322-CR04521
)
JERALD L. HARRIS, ) Honorable Robert H. Dierker, Jr.
)
Respondent. ) Filed: March 15, 2016
Introdtlction
Jerald L. Harris (Defendaiit) appeals the judgment entered upon his convictions of
three counts of first-degree robbery, one count of attempted f`n'st~degree robbery,
attempted forcible sodomy, kidnapping resisting arrest, and six associated counts of
arined criminal action. Defendant argues the trial court erred in admitting out-of~court
identification evidence and related testimony because the identification procedures used
by the police were unduly suggestive and rendered the identifications unreliable. We
affirm.
Background
The evidence at trial, in the light most favorable to the judgment, was the
following On January 6, 2013, Stephanie Durkacz (Durkacz) was visiting her friend
Julie Spychala (Spychala) at Spychala’s apartment in the Shaw neighborhood in the City
of St. Louis. A friend of theirs, Brendon Hutton (Hutton) came over to pick Durkacz up,
and Durkacz and Spychala went downstairs to meet him outside The three of them stood
in the street and talked for a few minutes
As they were tall