Simmons v. State

Ellington, Chief Judge.

A DeKalb County jury found Michael Simmons guilty of armed robbery, OCGA § 16-8-41 (a). Simmons appeals from the denial of his motion for new trial, contending that his trial counsel was ineffective and that the trial court erred in denying his request for a continuance to retain private counsel and in admitting an impermissibly suggestive pretrial identification. Finding no error, we affirm.

Viewed in the light most favorable to the jury’s verdict, 1 the record shows that, at around 4:30 a.m. on April 1, 2008, Simmons entered a DeKalb County Waffle House restaurant and…