Bennett v. State

SMITH, Presiding Judge.

Stephen Lamar Bennett was convicted of one count of child molestation. His amended motion for new trial was denied, and he appeals, asserting four enumerations of error. We find no reversible error and affirm.

1. Bennett contends the trial court erred in instructing the jury that it could consider “level of certainty” in assessing the reliability of an eyewitness identification. The trial court gave the then current pattern instruction, Council of Superior Court Judges, Suggested Pattern Jury Instructions, § 1.35.10 (3d ed. 2003), later disapproved by the Georgia Supreme…