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People v. Clark12/11/1975
olo. 534, 542 P.2d 1296; People v. Neyra, supra; People v. Duleff, supra; People v. Railey, supra. See also People v. Moreno, 176 Colo. 488, 491 P.2d 575; People v. Vaughns, 175 Colo. 369, 489 P.2d 591. We hold that the Colorado Constitution does not require a stricter application of the exigent circumstances doctrine than does the United States Constitution. Hence, we affirm the trial court's ruling in this case.
II. Photo Identification
Defendant contends that the circumstances surrounding the pre-trial photo identification of him by the prosecutrix were "so unnecessarily suggestive" that the trial court should not have allowed her to make an
incourt identification of defendant during the trial. We disagree.
In an in camera hearing held by the trial court on this issue, an officer testified that on the day following the commission of the crime, he interviewed the prosecutrix at her residence and showed her five photographs. Each of the photographs was taken by the police department in conjunction with "booking" various suspects, and in the right-hand corner of each photograph the date appeared upon which the photograph was taken. However, these dates were totally or partially obscured on some of the photographs by material glued to the right-hand corner of each photograph. The prosecutrix examined each of the photographs over a period of a few minutes, eliminated three, compared two, and then indicated to the officer that the photograph of the defendant was a photograph of her assailant.
In making the photo identification, the prosecutrix testified that she relied on her personal observations of her assailant at the time of the crime. The prosecutrix also indicated that in conjunction with the review of the photographs, she had not noticed the dates on each photograph and in no way relied thereon. Similarly, in making the in-court identification, the prosecutrix testified that she was relying on her personal observations of her assailant. Accordingly, since the record supports the trial court's finding that the prosecutrix did not rely on any dates on the photographs in identifying the defendant, and since it further appears from the record that the prosecutrix relied upon a source for the in-court identification separate and apart from the photographs, we find no error in the trial court's ruling on this issue. See People v. Sanchez, 184 Colo. 379, 520 P.2d 751; see also People v. Simms, 185 Colo. 214, 523 P.2d 463.
III. People's Rebuttal Testimony
Defendant contends that the trial court erred in admitting expert testimony of a doctor offered by the People in rebuttal of character witnesses called by defendant. We disagree.
During presentation of this case, defendant called two counselors who supervised and became closely acquainted with defendant during his three years in high school. Both the counselors testified to the effect that defendant was a truthful and sincere individual, a cooperative and dedicated student, respectful, and of generally outstanding character. One of the witnesses indicated that the defendant had normal social relationships with the women students in the school as well as the women instructors.
The People then called a medical doctor who had resided in the community for approximately 60 days. The doctor was licensed in both the states of Nebraska and Colorado as a doctor of medicine and had completed his formal training in the
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