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Lee v. State

Although the one-on-one showup in which the victims identified the defendant as the perpetrator was suggestive, it was nevertheless admissible under the totality of the circumstances.

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A Fulton County jury found Kevin Lee guilty of two counts of armed robbery, OCGA § 16-8-41; one count of aggravated assault with intent to rob, OCGA § 16-5-21 a 1 2007; and one count of possession of a firearm during commission of a felony, OCGA § 16-11-106. On appeal, Lee claims that the trial court erred in admitting the victims’ pre-trial and in-court identifications. For the reasons set forth below, we find no merit in this claim.

Viewed in the light most favorable to the jury’s verdict,1 the evidence shows that around 6:00 p.m. on July 13, 2007, Lee and an accomplice robbed two college students. R. M. testified that he was in his Fulton County home working on a paper when he heard the door chime. Two men, whom the victims later identified as Lee and Larry Brown, walked into the house and instructed R. M., you already know what it is, get on the floor. When Brown pulled out a gun, R. M. got on the floor.

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