Johnson v. State

Shulman, Presiding Judge.

Appellant was convicted of armed robbery. He enumerates as error the trial court’s failure to exclude from jury consideration the in-court identification of appellant by the victim and contends that defense counsel at trial did not render effective assistance of counsel.

1. The basis for appellant’s argument that the identification should have been suppressed was that the victim-witness was not willing to swear that he was perfectly sure of his identification. He did, however, identify appellant and appellant’s co-defendant and appellant’s car. Under those…