Ezra Lamont McGee appeals his convictions of two counts of armed robbery, three counts of possession of a firearm during the commission of a crime, and one count of kidnapping. McGee was also tried for one count of criminal attempt to commit armed robbery and another count of possession of a firearm during the commission of a crime, but was not convicted of these offenses. He contends the trial court erred by denying his motion to suppress evidence of a photographic lineup, the State failed to prove venue beyond a reasonable doubt as to three of the offenses, and the evidence was insufficient to sustain his convictions of certain offenses within the meaning of
Jackson v. Virginia,
The transcript shows a clerk at the Clothes Pin Laundry in Thomasville, Georgia, was robbed, and at trial identified McGee as the person who robbed her, and identified glasses, clothing, and a weapon taken from McGee after his arrest as being similar to those used or worn by the robber. Further, this witness testified that after she was presented with a group of photographs on two prior occasions, on the third occasion she identified McGee from his photograph as the person who robbed her.
Additionally, the clerk at the Pack ‘N Sack in Ochlocknee testified and also identified McGee as the man who robbed her, identified clothing and the gun taken from McGee as similar to the ones worn and used by the man who robbed her, and also authenticated the videotape taken of the robbery by the store’s security camera. This witness also testified that McGee took her at gunpoint to the store’s cold storage locker and forced her to remain inside.
Later, McGee went to a Circle K store in Thomasville with his accomplice; the accomplice went to the door of the Circle K with a pistol, but could not enter because the door was locked. Later McGee and his accomplice went to a service station that they planned to rob, but were apprehended by the police before they could do so.
*262 After his arrest and having been warned of his rights, McGee made a statement concerning his participation in the crimes. Held:
1. McGee contends the trial court erred by denying his motion to suppress his out-of-court identification in a photo lineup. The test for determining whether a due process violation occurred in cases like this “is whether the identification procedure was so impermissibly suggestive as to give rise to a very substantial likelihood of irreparable misidentification.”
McCoy v. State,
2. McGee’s second enumeration of error contends the State failed to prove venue beyond a reasonable doubt regarding the crimes of armed robbery, possession of a firearm during the commission of a crime, and kidnapping at an Ochlocknee, Georgia, convenience store. Generally, criminal trials shall be tried in the county where the crime was committed (Ga. Const. 1983, Art. VI, Sec. II, Par. VI; OCGA § 17-2-2 (a)), and venue is a jurisdictional fact that must be proven as part of the general case.
Dempsey v. State,
3. McGee’s last enumeration contends the evidence is insufficient to sustain his convictions under
Jackson v. Virginia,
supra. On appeal, the presumption of innocence no longer avails and we view the evidence in a light most favorable to the verdict.
Watts v. State,
Judgment affirmed.