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Johnson v. State

The trial court properly denied the defendant's motion to suppress eyewitness identification, since the identification was not impermissibly suggestive, as the witness had an opportunity to view the defendant at close range on two occasions prior to the shooting and the show-up was conducted at the scene shortly after the shooting.

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Following a jury trial, Kenneth Ray Johnson was convicted of aggravated assault OCGA § 16-5-21 a 2 and terroristic threats OCGA §16-11-37 a. Johnson appeals from the denial of his motion for new trial, contending that 1 the trial court erred in denying his motion to suppress eyewitness identification; 2 the evidence was insufficient to support his convictions; and 3 he received ineffective assistance of counsel. For the following reasons, we affirm.

Viewed in the light most favorable to conviction,1 the evidence shows that, at approximately 11:30 on the night of March 2, 2011, the victim and four of his friends went to the Island Breeze night club in Chatham County to see a lip sync contest involving men dressed in women’s clothing. The nightclub was located on Montgomery Street between 41st and 43rd streets. At approximately 12:30 to 1:00 the next morning, the victim and his friends left Island Breeze and went to Mr. Wonderful’s nightclub.

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