Turner v. State

Even if the pretrial photographic line-up was impermissibly suggestive, the victim's in-court identification of defendant based on the victim's personal observation of defendant during the robbery was admissible.

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A Henry County jury convicted Chiqueta Denise Turner of armed robbery OCGA § 16-8-411 and kidnapping OCGA § 16-5-40.2 She was sentenced to confinement for ten years on both counts. On appeal, Turner challenges the sufficiency of the evidence at trial, the impeachment of a defense witness upon the admission of three prior convictions for crimes involving moral turpitude,3 the validity of her in-court identification, and the jury charge as to multiple defendants. Finding the evidence sufficient and no reversible error, we affirm.

On appeal from a criminal conviction, the evidence must be viewed in the light most favorable to the verdict, and the presumption of innocence no longer lies in favor of the defendant. Newman v. State, 233 Ga. App. 794 1 504 SE2d 476 1998. So viewed, the evidence shows that on May 26, 2001, at approximately 11 p.m., Turner and co-defendant, James Dewayne Clark, arrived at the locked entrance to the Ameri-Host Inn outside Stockbridge, Georgia. On-duty desk clerk, Nazeline Jean, met the pair at the door. Jean let them in and led them to the front desk after Clark asked if there were any vacancies. On reaching the front desk, Clark pulled a knife on Jean, ordered her to hand over the money in the cash register, and threatened to harm her if she screamed, also indicating that he had a gun in addition to the knife. After Jean emptied the first of two cash drawers, Clark gave the knife to Turner and went into an office adjoining the front desk. Turner now holding the knife on her, Jean emptied the second cash drawer. Turner took the money. She and Clark then ordered Jean into the office. There Turner bound Jean’s hands with a telephone cord and stuffed a towel into her mouth. Turner and Clark then picked up the safe in the office and left the hotel carrying it. Held:

Turner v. State

Even if the pretrial photographic line-up was impermissibly suggestive, the victim's in-court identification of defendant based on the victim's personal observation of defendant during the robbery was admissible.

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