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Lynch v. State

Court of Appeals of Georgia
Apr 8, 1981
279 S.E.2d 538 (Ga. Ct. App. 1981)

Opinion

61341.

DECIDED APRIL 8, 1981.

Probation revocation. Newton Superior Court. Before Judge Ridgway.

John P. Howell, for appellant.

J. W. Morgan, District Attorney, Michael Walker, Assistant District Attorney, for appellee.


A petition for revocation of appellant's probation was filed, charging him with the commission of armed robbery, burglary and simple battery. A hearing was held and appellant's probation was revoked. He appeals.

The quantum of evidence sufficient to authorize the revocation of probation is "slight evidence." Mingo v. State, 155 Ga. App. 284, 286 (2) ( 270 S.E.2d 700) (1980). On appeal, appellant urges that the photographic identification procedure by which the victim identified him as the perpetrator of the crimes was "unnecessarily suggestive" and that the victim's subsequent in-court identification was "tainted" thereby. Appellant did not object at the hearing to the victim's in-court identification testimony as "tainted" or otherwise raise the issue of "suggestive" identification procedures. See Dodson v. State, 237 Ga. 607, 608 (3) ( 229 S.E.2d 364) (1976). Moreover, the transcript reveals that considering the "totality of the circumstances" the testimony of the victim was properly admitted. See Eiland v. State, 246 Ga. 112 ( 268 S.E.2d 922) (1980). The evidence supports the trial court's revocation of appellant's probation. See Johnson v. State, 142 Ga. App. 124 ( 235 S.E.2d 550) (1977).

Judgment affirmed. Deen, P. J., and Banke, J., concur.

DECIDED APRIL 8, 1981.


Summaries of

Lynch v. State

Court of Appeals of Georgia
Apr 8, 1981
279 S.E.2d 538 (Ga. Ct. App. 1981)
Case details for

Lynch v. State

Case Details

Full title:LYNCH v. THE STATE

Court:Court of Appeals of Georgia

Date published: Apr 8, 1981

Citations

279 S.E.2d 538 (Ga. Ct. App. 1981)
279 S.E.2d 538

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