State v. Sanchez
Annotate this CaseAfter a jury trial, Defendant was convicted of kidnapping in the first degree, attempt to commit robbery in the first degree, and assault in the first degree. The appellate court affirmed the judgment of conviction. Defendant appealed, contending that the appellate court erred in concluding that the trial court's failure to give a Ledbetter instruction, sua sponte, did not present the type of extraordinary circumstance that warranted reversal under the plain error doctrine. Under State v. Ledbetter, trial courts are required to provide a jury instruction regarding the increased risk of misidentification when an eyewitness is not advised that the perpetrator of a crime may or may not be present in the identification procedure in cases in which the identification procedure administrator had failed to provide such a warning. The Supreme Court affirmed, holding that the appellate court properly concluded the failure to give a Ledbetter instruction in this case was not plain error.
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