State v. Franklin
State v. Franklin
Opinion
*282 The appellant, Earl L. Franklin, appeals from a judgment based upon a conviction of guilt returned by a jury after trial. Franklin was convicted of the crimes of robbery and use of a firearm in the commission of a felony. He was sentenced to a term of 4 to 6 years on the robbery charge and 2 to 4 years on the use of a firearm charge, to be served consecutively to the robbery sentence. Franklin raises but a single issue in this appeal. He maintains that a conviction for a crime which is based solely upon uncorroborated eyewitness identification is insufficient. The disposition of this case is governed by our opinion in State v. Ammons, 208 Neb. 812, 813-14, 305 N.W.2d 812, 814 (1981), wherein we reaffirmed our earlier position and said: βIt has long been the rule in this state that except in certain crimes such as sexual assault, a conviction may rest upon the testimony of a single eyewitness.β Our holding in Ammons is dispositive of this appeal. The judgment is affirmed.
Affirmed.
Reference
- Full Case Name
- State of Nebraska, Appellee, v. Earl L. Franklin, Appellant
- Cited By
- 2 cases
- Status
- Published