Morton v. State

BLACKBURN, Presiding Judge.

Following a jury trial and the denial of his motion for new trial, Paul Morton appeals his conviction of burglary, challenging the sufficiency of the evidence and arguing that the trial court erred in charging the jury on alibi despite his objection and in giving the “level of certainty” portion of the jury charge on identification. We hold that the evidence was sufficient to sustain the conviction, that the alibi charge was proper, and that Morton waived his right to appeal the “level of certainty” portion of the identification charge. Accordingly, we affirm.

1. We…