ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
SARAH J. HEFFLEY, JUDGE
JIMMY DALE STALLNACKER
STATE OF ARKANSAS
June 13, 2007
APPEAL FROM THE CIRCUIT COURT
OF JACKSON COUNTY
HONORABLE HAROLD ERWIN,
Appellant, Jimmy Stallnacker, was convicted on charges of aggravated robbery and
theft of property and sentenced as a habitual offender to concurrent terms of forty years’
imprisonment and five years’ imprisonment, respectively. On appeal, appellant contends that
the trial court erred in admitting into evidence an in-court identification of appellant by one
of the victims after a photo line-up given to the victim, and his subsequent identification of
appellant from that line-up, had been previously ruled inadmissible on procedural grounds.
We find no error and affirm.
On September 14, 2005, Rosemary Baldridge and her son, Wesley Guntharp, were
robbed at gunpoint in Baldridge’s apartment. Nicky Murphy, a friend of Baldridge’s, had
stopped by Baldridge’s apartment with a male friend, who was later identified as appellant.
After approximately twenty minutes, the two left, but returned twenty or thirty minutes later
with another man and proceeded to rob Baldridge and Guntharp. Guntharp, who had been
in town to attend his grandmother’s funeral, returned to his home in Florida the next day. On
September 21, 2005, a detective with the Newport Police Department conducted an
interview with Guntharp over the telephone and emailed three photo line-ups in three
separate emails to Guntharp. The detective instructed Guntharp not to discuss the photos or
his selections with his mother.
Two days later, on September 23, 2005, Guntharp sent the detective an email
identifying a picture of appellant as “without a doubt [t]he guy that pointed the [g]uns at my
mother and I the night of the robbery.” On January 23, 2006, appellant filed a motion to
suppress any evidence of the email identification and any subsequent in-court identificati