The trial court denied a motion for new trial filed by Deandre Pierre Tucker after a jury convicted him on one count of burglary and one count of criminal interference with government property. Tucker appeals the denial of his motion, asserting as his sole enumeration of error that the trial court erred in failing to suppress evidence of a pre-trial identification of him as one of the two men involved in the burglary. Finding no error, we affirm. Viewed in the light most favorable to the verdict, the evidence at trial showed that when Steven O’Connell and his wife left their home in Mableton on the morning of February 16, 2009, the back door of their home and the windows surrounding it were closed and locked, including a steel door that separates the back door and the enclosed porch area from the main house.
Later in the day, while the O’Connells were still away, their neighbor, Andrew Beringause, observed two young men walking up the O’Connell’s driveway. One of the men had dreadlocks and the other man was taller, with short hair. The man with the dreadlocks knocked on the front door, while the taller man went to the back of the house. No one answered the front door, and Beringause saw the taller man open the side door that goes to the back of the house. He then returned to the front and both men walked back to the side door, opened it and went in. Beringause dialed 911, while he went outside to watch the men. He said that they stayed in the O’Connell house, at the most, ten minutes. Beringause remained on the phone as he watched the men exit the house, walk up the driveway and then up the street. Beringause followed approximately 35 to 40 yards behind men. At one point the men left the street and cut through some yards toward a street called Woodward Circle. Beringause stated that the men were wearing jackets with hoods. One of the jackets was white with either blue or black on it. The men had their hoods up when Beringause first saw them, but they took the hoods off as they walked up the O’Connells’ driveway. The police arrived approximately fifteen minutes after Beringause called. Upon investigation, they discovered that a window by the O’Connells’ back door had been forced open, allowing access to the doorhandle to open the door, which led to the enclosed porch. O’Connell later determined that items had been moved around on the porch, but nothing had been taken from the house.
