Terrence Arlington Waddell, convicted by a jury of armed robbery of and aggravated assault on LePaul Manson, appeals from the trial court’s denial of his motion for new trial, challenging the sufficiency of the evidence, contending that portions of the jury charge were erroneous, and that the victim’s in-court identification of Waddell was tainted by improper pre-trial identifications. 1. We consider first the sufficiency of the evidence. On appeal, we view the evidence in the light most favorable to the verdict and Waddell no longer enjoys the presumption of innocence. We neither weigh the evidence nor judge the credibility of the witnesses, but only determine if the evidence is sufficient to sustain the convictions. Cit. OCGA § 24-4-8 provides that the testimony of a single witness is generally sufficient to establish a fact. The only exception in a felony case is when the single witness is an accomplice, which is not applicable to the present case. Cit. Lovelace v. State , 269 Ga. App. 272, 273 1 603 SE2d 784 2004.
So viewed, the evidence here was that, on the evening of Saturday, March 22, 2003, Manson, accompanied by his friend Khalil Reid, had been selling DVDs and sports shoes out of his car.1 They went to a Waffle House to eat between 2:00 and 4:00 a.m. on Sunday morning. While there, Manson had a CD/DVD player which he put on the table in order to demonstrate DVDs for anyone interested. This attracted the attention of a large group of high school students in the Waffle House. When Manson went outside to smoke a cigarette, Waddell2 and other teenagers followed him outside. The teens said some were from Lithonia High School and some, including Waddell, were from the Open Campus. Only one of the teenagers, Waddell, made a purchase from Manson that morning. Waddell purchased a pair of Nike Air Jordans and told Manson that he wanted to buy another pair of shoes, but did not have enough money. Manson and Waddell exchanged cell phone numbers so Manson could be contacted when Waddell got more money. Manson saw Waddell get in a black car with “speedimports.com” on the back.
