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Shabazz v. State

The trial court did not err in refusing to exclude the in-court identification evidence, since the photo-line-up was not impermissibly suggestive and the detective's statement to the victim after she made her identification that the defendant was in-custody on other charges did not taint her in-court identification.

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A jury found Waleed Shabazz guilty of armed robbery, possession of a firearm during the commission of a crime, and possession of a firearm by a convicted felon. Shabazz appeals, challenging the sufficiency of the evidence. He also argues that the trial court erred in admitting identification evidence, and he claims that he received ineffective assistance of counsel at trial. For reasons that follow, we affirm. 1. In reviewing Shabazz’s sufficiency challenge, we construe the evidence favorably to support the jury’s verdict.1 We do not weigh the evidence or resolve issues of witness credibility, but merely determine whether the jury was authorized to find Shabazz guilty beyond a reasonable doubt.2

So viewed, the evidence shows that on October 24, 2006, two men entered Sonny’s meat market and walked around the store for several minutes. The taller of the two men was dressed in a green, hooded jacket with the hood on his head. The shorter man picked up a bag of potato chips, and both approached the cash register, where Sherry Cook was working. As Cook rang up the potato chips, the taller man pulled out a gun and demanded money. After Cook gave the men money from the cash register, they ran from the store.

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