Georgia Court Of Appeals, (September 27, 1989)
Docket number: A89A0986
DECIDED
CARLEY, Chief Judge. - DECIDED
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Id. vLex: VLEX-20446637
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Judgments affirmed. McMurray, P. J., and Beasley, J., concur.

U.S. Supreme Court - Jackson v. Virginia, 443 U.S. 307 (1979)
Supreme Court of Georgia - MITCHELL v. THE STATE., 254 Ga. 353, 329 S.E.2.d 481 (1985)
Supreme Court of Georgia - SPAIN v. THE STATE (two cases)., 243 Ga. 15, 252 S.E.2.d 436 (1978)
Georgia Court Of Appeals - Durden Et Al. v. The State., 199 Ga. App. 397, 405 S.E.2d 50 (1991)
Tony L. Axam, for appellant.
After a jury trial, appellant was found guilty of rape and robbery. He appeals from the judgments of conviction and sentences entered by the trial court on the guilty verdicts.1. Appellant enumerates the general grounds.The victim never saw the face of the man who raped and robbed her. However, two witnesses identified appellant as the man they had seen in the area at the approximate time the crimes were committed. Scientific evidence was incriminatory of appellant. The witnesses presented in support of appellant's defense of alibi were thoroughly impeached. We find that a rational trier of fact could reasonably have found from the evidence adduced at trial proof of appellant's guilt beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).2. Appellant moved to suppress evidence relating to his pre-trial and in-court identification. The denial of his motion is enumerated as error.Assuming without deciding that the pre-trial photographic lineup was so suggestive as to cast doubt upon the reliability of the witnesses' identification, we will undertake "a 'totality of circumstances' review focusing on certain factors which might lead to 'likelihood of misidentification': (1) the opportunity of the witness to view the perpetrator; (2) the witness' degree of attention; (3) the accuracy of prior description; (4) the level of certainty demonstrated by the witness; and (5) the length of time between the crime and the identification." Burks v. State,Try vLex for FREE for 3 days
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