The appellants, Henry Albert Hamilton and Michael Fortson, were indicted for the criminal attempt to commit armed robbery and for the murder of Stephen L. Hynes. Following a joint trial by jury, they were convicted of felony murder, and received sentences of life imprisonment. They appeal from these convictions. We affirm. 1
On the evening of May 28,1983, the victim and his fiancée, Catherine Moore, were preparing to have dinner on the sidewalk outside her apartment door which she used as a patio, the couple having been talking and drinking beer and champagne there for about 45 minutes. Catherine testified that, when she heard a “soft creeping sound,” she turned to see a male crouching down with a silver revolver, who stated, “Don’t look at me; don’t look at me.” He then said, “You can *469 come on down, buddy,” whereupon a second male emerged from the bushes in a few seconds. Stephen and Catherine stood up when the armed intruder gave instructions that “we are going to enter the apartment now.” Stephen held Catherine’s arm, and they ran for about 10 yards, at which time two or three gunshots were fired, and they both fell. Catherine testified that she got up and, when she looked back, saw the assailant shoot her fiancé, who was facing him.
There was evidence that appellant Fortson sustained gunshot injuries to his leg, which he explained to a witness as having happened accidentally while appellant Hamilton was shooting victim Hynes. Expert testimony confirmed other evidence that the victim was killed by a .38 caliber bullet entering the chest from the rear. Another bullet recovered from the victim’s body was also .38 caliber, but had been fired from a different revolver. Identification of the appellants as the assailants was made by Miss Moore from a police lineup, as well as from a hat and samples of hair, blood and saliva from the crime scene.
1. The appellants’ first enumeration of error argues that their due-process guarantee of a fair trial was violated by the admission of highly unreliable eyewitness testimony produced by impermissibly suggestive identification procedures utilized by the state. This argument rests upon the assertion that witness Moore was shown photographic displays or arrays containing photographs of the appellants (driver’s license photos, as contrasted with mug shots of the other subjects) and was unable to identify the appellants, and that a week or ten days later, she identified the appellants (who were the only subjects whose photographs had been included in the photographic array) out of a police corporal lineup. By itself, this procedure was not impermissibly suggestive. See
Thornton v.
State,
Nor were the identifications unreliable under the totality of the circumstances.
Neil v. Biggers,
2. The appellants’ second enumeration of error contends that, by having been required improperly to proceed with joint representation at trial, over timely objection, they were deprived of their constitutional right to effective assistance of counsel. They argue that whenever a trial court improperly requires joint representation over timely defense objection, reversal is automatic, citing
Holloway v. Arkansas,
A claim of denial of effective assistance of trial counsel may not be raised for the first time on direct appeal.
Williams v. State,
In the case under review, prior to the trial, the appellants desired single trial counsel; separate trial counsel was not requested until the day of the trial; the assistance of the public defender’s office was provided at the trial; and the appellants fully and adequately presented and supported their alibi defenses. No material prejudice has been demonstrated. This enumeration of error is without merit.
3. The appellants’ third enumeration of error contends that they were improperly convicted of felony murder, as they were indicted only for the offenses of malice murder and attempted armed robbery, and thereby allegedly received no notice as to their possible conviction of felony murder, citing
Crawford v. State,
4. The trial court did not err by denying the appellants’ non-spe
*471
cific requests for expert assistance in the absence of a proper showing of a need for such assistance.
Conklin v. State,
5. During cross-examination of Calvin Fletcher, the appellants’ counsel first attempted to ask the witness about pending charges in a DeKalb County case. After being cautioned by the court that a certified copy of a conviction was necessary to impeach the witness, counsel stated that the purpose of the line of questioning was to show that the witness received favorable treatment from the state, and counsel was permitted to further question the witness regarding his DeKalb County conviction. When counsel, in repetitive questioning, attempted to argue that the witness should not be afraid of other prisoners in jail, the court sustained an objection to the line of questioning, properly holding that the witness’ fear of other prisoners in jail was irrelevant unless counsel could relate that fear or hostility to the appellants at trial. The trial court permitted a full opportunity to cross-examine the witness regarding all relevant information, and did not abuse its discretion in limiting cross-examination as above indicated. See
Williams v. State,
6. The appellants contend that it was error for the trial court to allow in evidence similar criminal acts.
“Evidence of independent crimes is admissible to show motive or intent where the state shows that the defendant committed the independent crime and a similarity or connection between that crime and the crime at issue.
Gladson v. State,
Judgment affirmed.
Notes
The murder occurred on May 28,1983. The date of conviction was November 28,1983. The appellants filed a motion for new trial on December 14,1983. The transcript was filed on January 13, 1984. The motion for new trial was heard on March 23, 1984, and overruled on October 4, 1985. Notices of appeal were filed on October 9, 1985. The appeals were docketed in this court on December 17, 1985, and argued on February 11, 1986.