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Johnson v. State

The photographic line-up, which contained six pictures depicting men of the same race, same general age and similar facial hair and hairstyles, was not impermissibly suggestive.

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Following a jury trial, Milton Johnson was convicted of four counts of burglary. On appeal, Johnson contends that he received ineffective assistance of counsel and that the trial court erred in admitting an “unduly suggestive” photographic lineup. For reasons that follow, we affirm. On appeal from a criminal conviction, the defendant no longer enjoys a presumption of innocence.1 Rather, we view the evidence in a light most favorable to the jury’s verdict.2 We do not weigh the evidence or resolve issues of witness credibility, but merely determine whether the evidence was sufficient to find the defendant guilty of the crimes charged beyond a reasonable doubt.3

So viewed, the evidence shows that the police investigated a series of four burglaries that occurred at office buildings in the same area of Cobb County in July and August 2002. On July 26, 2002, Dazzarine Black, an employee of Solutia, Inc., was working late when she encountered a man who did not work for Solutia. The following day, Solutia employees discovered that numerous laptop computers had been stolen from the offices, as well as an employee’s purse containing a cell phone and credit cards. The police showed Black a photographic lineup containing Johnson’s picture. Although Black was unable to make a positive identification of the perpetrator from a photographic lineup, she thought that the photograph of Johnson “most looked like the person that she saw in the building.”

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