Hall v. State

An earlier identification has greater probative value than a courtroom identification, which can occur after the suggestion of others and the circumstances of trial may have intervened to create a fancied recognition on the witness stand.

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Defendant DeAngelo Rodrell Hall was convicted of felony murder, aggravated assault, and possession of a weapon during the commission of a crime.1 On appeal, Hall challenges the admissibility of testimony regarding a witness’ out-of-court identification, as well as the sufficiency of the evidence. Finding no error, we affirm. 1. An appellate court has a duty to question its jurisdiction in any case in which its jurisdiction is in doubt. Livingston v. State , 221 Ga. App. 563 1 472 SE2d 317 1996. In this case, Hall filed a timely notice of appeal after he was sentenced. The next day, while still within the appropriate time period, Hall filed a timely motion for new trial. Under these circumstances, Hall should have filed a request to stay the appeal until such time as the trial court ruled upon the new trial motion. Shirley v. State , 188 Ga. App. 357 373 SE2d 257 1988. That he did not do so does not render this appeal jurisdictionally defective. We treat the notice of appeal as being premature but effectively filed upon entry of the order denying the motion for new trial. Livingston v. State , supra at 564; Shirley , supra; Atkinson v. State, 170 Ga. App. 260 316 SE2d 592 1984.

2. Two men approached three Hispanic men, Hugo Chavez, Jesus Perez Soto and Antonio Ibarra Amador in 2001. One of the two assailants brandished a pistol, demanded money and pistol whipped Chavez. Following a struggle, the assailants fled. Nine months later, in 2002, two men approached Soto and Apolinar Escorza Dimas. Again, one of the two men brandished a pistol. However, this time, when Soto reached for the gun, the assailant fired, hitting and killing Dimas.

Hall v. State

An earlier identification has greater probative value than a courtroom identification, which can occur after the suggestion of others and the circumstances of trial may have intervened to create a fancied recognition on the witness stand.

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