Aceves v. State

BARNES, Judge.

Fernando Barrientos Aceves appeals his convictions for burglary, kidnapping, robbery, aggravated battery, rape, cruelty to children, and giving a false name. He contends his defense counsel was ineffective for not objecting to the prosecutor’s argument about the certainty of the victim’s identification of Aceves as the person who committed these crimes. Aceves contends this argument is prohibited by our Supreme Court’s decision in Brodes v. State, 279 Ga. 435 (614 SE2d 766) (2005), which prohibits the trial courts from charging that the level of certainty of the identification…