Creamer v. State

JOHNSON, Presiding Judge.

A jury found Billy Creamer guilty of four counts of aggravated assault and possession of a firearm during the commission of a crime in connection with a drive-by shooting. In a one-page argument, Creamer contends the trial court erred in giving the “level of certainty” portion of the jury charge on the reliability of eyewitness identification. He argues that the “level of certainty” portion of this charge contravenes the recent holding in Brodes v. State. However, Creamer himself requested the very charge containing the “level of certainty’ language.

The record shows…