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Guyton v. State

The victim's in-court identification was not tainted by her pretrial identification of the defendant after she pulled his picture from a detective's file without prompting.

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Appellant Herbert Guyton appeals his conviction for armed robbery,1 alleging, among other things, that subdivisions c1 and c3 of OCGA § 17-10-6.1 operate together to effectively render defense attorneys constitutionally deficient. We conclude, however, that the statute does not impede counsel’s effective representation of an accused, and therefore we reject appellant’s constitutional contention. Finding no other error associated with the adjudication of appellant’s guilt, we affirm his conviction.

The evidence of record indicates that one evening, the victim, Susan Jackson, was using a pay phone in front of a shopping center when a car stopped near to her. A man exited the car, approached Jackson and walked past her, then turned back, looked her in the eye, pointed a gun at her and he said he was going to take her purse. The man then took Jackson’s purse, entered his car, and drove away. At trial, Jackson positively identified appellant as her assailant. However, Tracy Ballard, who was living with appellant, stated that he had a broken toe at the time of the robbery and was having difficulty walking. Jackson testified that the man who robbed her did not exhibit a limp.

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