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Wallace v. State

Under the totality of the circumstances, the one-on-one show up, in which the first victim identified the defendant as the man, who robbed her, created little likelihood of misidentification.

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A jury found Antonio Wallace guilty of armed robbery, three counts of aggravated assault, and three counts of possession of a firearm during the commission of a crime. Wallace appeals, alleging 1 the trial court erred in admitting certain identification testimony, 2 the trial court erred in admitting similar transaction evidence, 3 the evidence was insufficient to support the jury’s verdict, and 4 he received ineffective assistance of counsel. We find no error and affirm Wallace’s convictions. The facts, viewed in a light most favorable to support the jury’s verdict, show that on September 24, 2005, a man later identified as Wallace approached the victims from behind while they were waiting at a bus stop. When the first victim turned around, a black male without a shirt, but with navy blue pants and a white t-shirt covering his face, “yanked” the victim and pointed a pistol at her. The robber struggled with the victim, eventually pulled her purse away, and fled on foot. He ran into the trailer park adjacent to the bus stop.

The second victim, who was also standing at the bus stop, testified that the robber pointed a gun at her. The robber then pointed the gun at the first victim’s head, grabbed the first victim, took the first victim’s purse, then fled. The second victim described the robber as a black male with blue pants, no shirt, and a white t-shirt covering his face.

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