Roderick Deanthony Miller was convicted by a jury of two counts of aggravated assault. Following the denial of his motion for new trial, he appeals. All of his arguments are related to his contention that two witnesses identified him during an impermissibly suggestive showup. We do not agree with Miller that the trial court erred in admitting the identification testimony, and we affirm. Construed in favor of the verdict, the evidence shows that on the night of May 24, 2000, the victim left his apartment in order to remove the face from his car stereo. While inside his car, the victim noticed a man approaching, carrying a newspaper or magazine. The man was tall, black, and was wearing a black stocking cap with braids or dread locks “poking out the stocking cap.” As the victim was exiting his car, the man dropped the papers he was holding, “put a pistol on” the victim, and told the victim to “give it up.” The victim ran away, and he heard the man pull the trigger on the gun. After the victim crossed the street, he looked back and saw the man “going back the opposite way.” The victim testified that he had a “pretty good” opportunity to view the man.
The victim’s girlfriend watched the encounter from a window in their apartment. She saw a man carrying a newspaper walking toward the victim. She testified that the man stopped walking as the victim exited the car, “and next thing I know he pulled out the gun and point it towards him.” The girlfriend saw the victim run away, with the man following behind him, and she called the police. She described the suspect as being a tall, light-skinned black man, wearing dark clothes, with “some type of net thing around his hair, either some braids up under it . . . that was tied around his head.” While the suspect was walking toward the victim, the girlfriend “really didn’t get a good look at him,” but when the suspect stood near the victim, the witness “definitely” got “a better idea for how he looked.” She testified that she observed the man for a total of “five or ten minutes.”
