Toereanno McKinney, appealing his conviction and fifteen year sentence at hard labor for purse snatching in violation of R.S. 14:65.1,
According to defendant, the victim’s 20-30 second view of the man who took her wallet while her attention had been diverted, her erroneous physical description of the defendant and his wearing apparel, and the improper showing of the wallet to her by police immediately before she was asked to view the defendant make the identification suspect, and constitute suggestive circumstances creating a likelihood of mis-identification in violation of his “due process rights.” We do not agree.
Before considering defendant’s assignments of error, we have reviewed the record, including the seventeen page transcript of the motion to suppress the identification and the eighty-nine page transcript of the trial, in accordance with State v. Raymo,
Turning now to defendant’s assignments of error, we conclude that the identification procedure was not suggestive and did not contribute to the likelihood of a misidentification. According to the landmark eases, Neil v. Biggers,
One-on-one confrontations between a suspect and a victim, as in our case, are permissible when justified by the overall circumstances, particularly when the accused is apprehended within a relatively short time after the occurrence and is returned to the crime scene. Proper identification in those cases not only promotes accuracy but also may expedite the release of innocent suspects.
To suppress an identification, the burden of proof is on the defendant to show its suggestive nature and the existence of a reasonable likelihood of misidenti-fication. See State v. Prudholm, supra. Resolution of the identification issue depends on the totality of the circumstances. State v. Smith,
Applying the foregoing rules to the instant case, we are led to conclude that the trial judge properly denied the motion to suppress.
The victim indicated that during the 20-30 second confrontation with the defendant at the time of the offense, she had an opportunity to observe McKinney’s appearance, particularly his eyes. The detailed
Having so concluded, we likewise find no merit to the contention that the circumstances surrounding defendant’s arrest tainted the identification procedures and violated his due process rights.
We hasten to note at this point that McKinney confessed to the commission of the offense, but stated that he had done so to avoid prosecution and a beating by the police officers. Although defendant has not raised this issue in his assignment of errors, we have searched the record to ascertain whether any evidence supports his claim. We find no such support.
Accordingly, we affirm the judgment of the trial court.
AFFIRMED.
Notes
. LSA-R.S. 14:65.1 Purse snatching:
A. Purse snatching is the theft of anything of value contained within a purse or wallet at the time of the theft, from the person of another or which is in the immediate control of another, by use of force, intimidation, or by snatching, but not armed with a dangerous weapon.
B. Whoever commits the crime of purse snatching shall be imprisoned, with or without hard labor, for not less than two years and for not more than twenty years.
. In the instant case, two suspects had been brought to the victim by the police for identification prior to the identification of the defendant, and in the earlier viewings the victim excluded those two persons as the perpertra-tors.
