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Freeman v. State

The victim's on-the-scene identification of defendant as the perpetrator was admissible based on the victim's numerous opportunities to view the defendant during the crime.

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A Fulton County jury found Harold Freeman guilty of armed robbery, possession of a firearm during the commission of a crime, and obstruction of an officer. He appeals, claiming that the victim’s on-the-scene identification of him was impermissibly suggestive and that he received ineffective assistance of counsel at trial. Upon review of the errors as enumerated, we affirm Freeman’s conviction.

Viewed to support the verdict, the evidence shows that Freeman suggested to a co-defendant, Tawana Franklin, that they “go hit a lick,” i.e., perpetrate a robbery. Searching for a likely victim, Freeman chose a Vietnamese gentleman, employed at the Richmond Oaks Apartment complex, who was eating fried chicken outside the storage area of the complex, close to the street. Freeman and Franklin approached the victim; Freeman twice asked him for a cigarette. When the victim refused, Freeman put a gun to his back and stated, “Give it up.” Freeman then handed the gun to Franklin, who held it on the victim while Freeman removed the victim’s wallet as well as his black cellular telephone, stating “you ain’t fixing to call no MF police.” The couple then walked from the scene.

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