Wallace v. State

In Wallace v. State, 75 S.W.3d 576, 584 (Tex. App.--Texarkana 2002), rev'd on other grounds, 106 S.W.3d 103 (Tex. Crim. App. 2003), the defendant objected to the introduction of the photographic array, but did not object to the in-court identification of the defendant by the witnesses who had viewed the array. Wallace, 75 S.W.3d at 584. When a defendant is contending the in-court identification was improperly suggested by a photographic array, the Court recognized in Wallace that there should have been a trial objection to such identification made by the witnesses who viewed the array. Id.