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Bates v. State

Although the detective should not have affirmed to the victim that he picked the correct suspect from a photo array, the trial court did not err in denying the defendant's motion to suppress the pretrial photographic lineup and subsequent in-court identification because, under the totality of the circumstances, no substantial likelihood of irreparable misidentification occurred.

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A jury found Darrin L. Bates guilty of entering an automobile with intent to commit theft, two counts of burglary, aggravated battery, and theft by taking. On appeal, Bates claims that 1 the evidence was insufficient to support the verdict; 2 the trial court erred in denying his motion to change venue; 3 the trial court erred in denying his motions to strike seven prospective jurors for cause; 4 the trial court erred in denying his motion to suppress the pretrial and in-court identifications by the second victim; 5 the trial court erred in overruling his hearsay objection to the introduction of a latent fingerprint card; and 6 that he received ineffective assistance of trial counsel. For the reasons that follow, we find that Bates’s claims of error have no merit and affirm.

Following a criminal conviction, the defendant is no longer presumed innocent, and we view the evidence in the light most favorable to the jury’s verdict. See Reese v. State, 270 Ga. App. 522, 523 607 SE2d 165 2004. So viewed, the evidence shows that Bates escaped from the Hancock County jail on or about June 27, 2006. That same day in Baldwin County someone entered the pickup truck of the first victim and took a hunting knife. Three days after the escape, the second victim arrived at his Baldwin County lake house and noticed that the door jam was broken loose. The second victim entered the house and saw an intruder standing approximately twenty to twenty-five feet away in “plenty of light.” The second victim later identified the intruder as Bates from a photographic lineup and at trial.

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