from the District Court of Sweetwater County The Honorable
Nena James, Judge
Representing Appellant: Office of the State Public Defender:
Diane M. Lozano, State Public Defender; Kirk A. Morgan,
Senior Assistant Appellate Counsel. Argument by Mr. Morgan.
Representing Appellee: Peter K. Michael, Attorney General;
Christyne M. Martens, Deputy Attorney General; Katherine A.
Adams, Assistant Attorney General. Argument by Ms. Adams.
BURKE, C.J., and HILL [*], DAVIS, FOX, and KAUTZ, JJ.
Appellant, Matthew Harl Majhanovich, challenges his
conviction for delivery of a controlled substance,
methamphetamine, in violation of Wyo. Stat. Ann. §
35-7-1031(a)(i) (LexisNexis 2015). He contends the photo
identification procedure used by law enforcement during their
investigation of the crime resulted in an unreliable
identification. We affirm.
Appellant presents the following issue:
Was the photographic identification procedure used by law
enforcement so impermissibly suggestive as to give rise to a
very substantial likelihood of irreparable misidentification?
On April 19, 2016, Special Agent Cody Ruiz of the Wyoming
Division of Criminal Investigation received information from
a confidential informant indicating that approximately two
pounds of methamphetamine would be delivered to Rock Springs,
Wyoming later that day from Colorado. He learned that Aaron
Alonso expected to receive some of the methamphetamine at his
residence in Rock Springs. As a result, Agent Ruiz arranged
for a team of law enforcement officers, including Detective
James Rhea, to conduct surveillance of Mr. Alonso's
Later that evening, Detective Rhea observed Appellant arrive
at Mr. Alonso's residence in a black Chevy pickup. When
Mr. Alonso exited his residence, he walked around the truck
and got "a good look at" Appellant because his
window was rolled down. Mr. Alonso recognized Appellant from
previous instances in which he had seen him driving around.
Mr. Alonso climbed into the rear passenger seat of the truck.
Appellant then drove down the street, pulled over by a stop
sign, and then turned around and returned to Mr. Alonso's
residence. During this time, Mr. Alonso paid Appellant
$200.00 for some methamphetamine. Detective Rhea observed
Appellant as he drove away from Mr. Alonso's residence.
Detective Rhea recognized the pickup and identified Appellant
as the driver of the truck based on previous investigations
involving Appellant. He relayed this information to Agent
Agent Ruiz subsequently arrested and interviewed Mr. Alonso.
During the interview, Mr. Alonso identified Appellant by his
first name, "Matt, " and admitted that he had
purchased methamphetamine from him. Mr. Alonso then
identified Appellant in a photograph after Agent Ruiz showed
him a single photo and asked him, "[W]ho is this or is
The State charged Appellant with one count of unlawful
delivery of a controlled substance, methamphetamine, in
violation of Wyo. Stat. Ann. § 35-7-1031(a)(i).
Appellant entered a plea of not guilty and subsequently filed
a "Motion in Limine to Exclude Evidence of
Photo Identification." Appellant asserted that the
presentation of a single photo to Mr. Alonso was ...