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SMITH v. STATE

No. A08A0866.

667 S.E.2d 421 (2008)

SMITH v. The STATE.

Court of Appeals of Georgia.

September 17, 2008.

Attorney(s) appearing for the Case

Thomas S. Robinson III, for appellant.

Paul L. Howard Jr., District Attorney, Marc A. Mallon, Assistant District Attorney, for appellee.

MIKELL, Judge.

After a jury trial, Reginald Smith was convicted of burglary. On appeal, Smith argues that the trial court erred in denying his motion to suppress an identification made from a photographic lineup and challenges the sufficiency of the evidence. We affirm.

On appeal, [Smith] no longer enjoys the presumption of innocence. We view the evidence in the light most favorable to the verdict and do not weigh the evidence or determine witness credibility...

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