Brewer v. State, 463 S.E.2d 906 (Ga. Ct. App. 1995). · Go Syfert
Brewer v. State, 463 S.E.2d 906 (Ga. Ct. App. 1995). Cases Citing This Book View Copy Cite
“defendant's evidence of alibi does not 864 reasonably raise the inference that he unlawfully entered the home with a less culpable mental state of mind than the felonious intent of a burglar as charged in the indictment”
125 citation events (48 in the last 25 years) across 3 distinct courts.
Strongest positive: Tenorio v. State (gactapp, 2003-06-11)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 44 distinct citers.
discussed Cited as authority (quoted) Tenorio v. State (2×) also: Cited as authority (rule)
Ga. Ct. App. · 2003 · quote attribution · 1 verbatim quote · confidence low
the contention that the shading and tone of defendant's photograph made this photographic identification procedure unduly suggestive is without merit.
examined Cited as authority (quoted) Brown v. State (2×) also: Cited "see, e.g."
Ga. Ct. App. · 2000 · signal: see also · quote attribution · 1 verbatim quote · confidence low
defendant's evidence of alibi does not 864 reasonably raise the inference that he unlawfully entered the home with a less culpable mental state of mind than the felonious intent of a burglar as charged in the indictment
examined Cited as authority (rule) King v. the State (4×)
Ga. Ct. App. · 2016 · confidence medium
State, 219 Ga. App. 16, 20 (6) ( 463 SE2d 906 ) (1995) (picture tone of defendant’s photograph “demonstrably lighter than the other five persons”).
discussed Cited as authority (rule) Pinkins v. State
Ga. Ct. App. · 2009 · confidence medium
Allen v. State, 268 Ga. App. 519, 529 (3) ( 602 SE2d 250 ) (2004). 1 OCGA § 16-8-41 (a). 2 OCGA § 16-5-24 (a). 3 OCGA § 16-5-40 (a). 4 OCGA § 16-5-21 (a). 5 OCGA § 16-11-106 (b) (1). 6 Rutland v. State, 296 Ga. App. 471, 473-474 (2) ( 675 SE2d 506 ) (2009). 7 Drammeh v. State, 285 Ga. App. 545, 546 (1) ( 646 SE2d 742 ) (2007). 8 Payne v. State, 233 Ga. 294, 300 (II) ( 210 SE2d 775 ) (1974). 9 Smith v. State, 209 Ga. App. 540, 543 (4) ( 433 SE2d 694 ) (1993). 10 Pace v. State, 272 Ga. App. 16, 18 (3) ( 611 SE2d 694 ) (2005). 11 Williams v. State, 275 Ga. 622, 623 (2) ( 571 SE2d 385 ) (2002…
discussed Cited as authority (rule) Gibbs v. State
Ga. Ct. App. · 2004 · confidence medium
J., and Johnson, P. J., concur. 1 (Citations and punctuation omitted.) Brewer v. State, 219 Ga. App. 16, 17 (1) ( 463 SE2d 906 ) (1995). 2 (Footnote omitted.) McMillian v. State, 263 Ga. App. 782, 785 (3) ( 589 SE2d 335 ) (2003). 3 Castillo v. State, 263 Ga. App. 772, 775 (4) ( 589 SE2d 325 ) (2003). 4 Compare In the Interest of A. L., 255 Ga. App. 215 (1) ( 564 SE2d 823 ) (2002) (evidence of recent, unexplained or unsatisfactorily explained possession of stolen goods may be sufficient to give rise to an inference that defendant committed burglary). 5 261 Ga. App. 609, 611-613 (3) ( 583 SE2d 2…
discussed Cited as authority (rule) White v. State
Ga. Ct. App. · 2004 · confidence medium
J., and Johnson, P. J., concur. 1 Johnson v. State, 246 Ga. App. 239, 241 (2) ( 539 SE2d 914 ) (2000). 2 See id.; Wilson v. State, 212 Ga. App. 325 (1) ( 441 SE2d 808 ) (1994), rev’d on other grounds, Mohamed v. State, 276 Ga. 706, 709 (1) ( 583 SE2d 9 ) (2003). 3 Doctor v. State, 275 Ga. 612, 614 (5) ( 571 SE2d 347 ) (2002). 4 Head v. Ferrell, 274 Ga. 399, 404 ( 554 SE2d 155 ) (2001). 5 Brewer v. State, 219 Ga. App. 16, 21 (7) ( 463 SE2d 906 ) (1995).
discussed Cited as authority (rule) Squires v. State
Ga. Ct. App. · 2004 · confidence medium
The sentence review panel ordered that Squires’s sentence on Count 6 run concurrently. 2 (Citations and punctuation omitted.) Brewer v. State, 219 Ga. App. 16, 17 (1) ( 463 SE2d 906 ) (1995). 3 Squires and Downing were indicted jointly but tried separately.
discussed Cited as authority (rule) George v. State
Ga. Ct. App. · 2003 · confidence medium
Eldridge and Mikell, JJ., concur. 1 Batson v. Kentucky, 476 U. S. 79 (106 SC 1712, 90 LE2d 69) (1986). 2 See Williams v. State, 245 Ga. App. 259, 263 (2) ( 537 SE2d 125 ) (2000) (mistrial not warranted where no testimony about defendant’s silence). 3 (Citations and punctuation omitted.) Brewer v. State, 219 Ga. App. 16, 19 (4) ( 463 SE2d 906 ) (1995). 4 Williams, supra. 5 Id. 6 Barnes v. State, 269 Ga. 345, 349 (6) ( 496 SE2d 674 ) (1998). 7 See Chunn v. State, 210 Ga. App. 209, 210 (2) ( 435 SE2d 728 ) (1993). 8 (Punctuation and footnotes omitted.) Barnes, supra. 9 See Ware v. State, 258 Ga…
discussed Cited as authority (rule) Evans v. State
Ga. Ct. App. · 2003 · confidence medium
See also Semple v. State, 271 Ga. 416, 418 (2) ( 519 SE2d 912 ) (1999) (when impermissibly suggestive identification procedure is *23 employed, factors to consider under Neil v. Biggers, supra, are: (1) the witness’s opportunity to view the accused at the time of the crime; (2) the witness’s degree of attention; (3) the accuracy of the witness’s prior description of the accused; (4) the witness’s level of certainty at the confrontation with the accused; and (5) the length of time between the crime and the confrontation). 2 Brewer v. State, 219 Ga. App. 16, 19 (6) ( 463 SE2d 906 ) (1995…
discussed Cited as authority (rule) People v. Borghesi
Colo. · 2003 · confidence medium
See also State v. Hunter, 43 S.W.3d 336, 341 (Mo.App.2001); Brewer v. State, 219 Ga.App. 16 , 463 S.E.2d 906, 911 (1995); Shaw v. State, 846 S.W.2d 482, 484 (Tx.App.1993); People v. Johnson, 3 Cal. 4th 1183 , 14 Cal.Rptr.2d 702 , 842 P.2d 1, 17 (1992); People v. Robert, 184 A.D.2d 597 , 585 N.Y.S.2d 445, 446 (1992); State v. Neal, 353 N.W.2d 83, 89 (Iowa 1984). 20 .
discussed Cited as authority (rule) Brodes v. State
Ga. Ct. App. · 2001 · confidence medium
See Taylor v. State, 262 Ga. 584, 586 (3) ( 422 SE2d 430 ) (1992); Freeman v. State, 269 Ga. 337, 339 (1) (c) ( 496 SE2d 716 ) (1998). 3 Compare Johnson, supra at 258-259 (2) (victim’s identification of defendant as armed robber was corroborated by photographs taken by ATM camera and by independent witness who identified defendant; State also presented evidence of a similar transaction). 4 See id. at 259-260 . 5 Compare id. at 260 (expert testimony not necessary because an independent witness’s identification of defendant was not made under stress and was not “based on generalized racial…
cited Cited as authority (rule) In the Interest of K. D. J.
Ga. Ct. App. · 2000 · confidence medium
Anthony v. State, 236 Ga. App. 257, 259 (2) ( 511 SE2d 612 ) (1999); Brewer v. State, 219 Ga. App. 16, 18 (3) ( 463 SE2d 906 ) (1995).
discussed Cited as authority (rule) In Re KDJ
Ga. Ct. App. · 2000 · confidence medium
The court later conducted the required hearing for a disposition under the designated felony act, formerly OCGA § 15-11-37(a)(2)(B)(ii). [2] In the Interest of D.T.C., 226 Ga.App. 364, 368 (4), 487 S.E.2d 21 (1997) (statutory definitions differentiate between "crimes" and "delinquent acts"). [3] In the Interest of C.T., 197 Ga.App. 300, 301 (2), 398 S.E.2d 286 (1990). [4] Anthony v. State, 236 Ga.App. 257, 259 (2), 511 S.E.2d 612 (1999); Brewer v. State, 219 Ga.App. 16, 18 (3), 463 S.E.2d 906 (1995). [5] (Punctuation omitted.) Jacobson v. State, 201 Ga.App. 749, 751 (2)(b), 412 S.E.2d 859 (19…
cited Cited as authority (rule) Wilder v. State
Ga. Ct. App. · 2000 · confidence medium
Brewer v. State, 219 Ga. App. 16, 19 (4) ( 463 SE2d 906 ) (1995).
discussed Cited as authority (rule) Phagan v. State (2×) also: Cited "see"
Ga. Ct. App. · 2000 · confidence medium
Pope, P. J, and Miller, J., concur. 1 OCGA § 16-7-1. 2 “Under Miranda v. Arizona, 384 U. S. 436 (86 SC 1602, 16 LE2d 694) (1969), persons must be advised of their rights with respect to interrogation after being taken into custody or otherwise deprived of their freedom in any significant way. 384 U. S. at 444 .” Reinhardt v. State, 263 Ga. 113, 114 (3) (a) ( 428 SE2d 333 ). 3 Brenneman v. State, 200 Ga. App. 111, 113 (1) ( 407 SE2d 93 ) (“If an accused volunteers a noncoerced statement then it is not necessary to invoke the tests which only apply to information obtained as a result of i…
discussed Cited as authority (rule) MacK v. State
Ga. Ct. App. · 2000 · confidence medium
Pierce, Assistant District Attorney, for appellee. 1 Davis v. State, 223 Ga. App. 346, 347 (1) ( 477 SE2d 639 ) (1996). 2 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 3 Davis, supra; Lockett v. State, 147 Ga. App. 102 (1) ( 248 SE2d 177 ) (1978). 4 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984). 5 Id.; Etheridge v. State, 228 Ga. App. 788, 789 (2) ( 492 SE2d 755 ) (1997). 6 (Citations and punctuation omitted.) Johnson v. State, 214 Ga. App. 77, 78 (1) ( 447 SE2d 74 ) (1994). 7 (Citation and punctuation omitted.) Williams v. State, 219 Ga. App. 167, 168 (2) ( 464 SE2d 404 ) (1995). 8 Cf. id…
cited Cited as authority (rule) McClarity v. State
Ga. Ct. App. · 1998 · confidence medium
(Citations omitted.) Thomas v. State, 268 Ga. 135, 139 (12) ( 485 SE2d 783 ) (1997); Brewer v. State, 219 Ga. App. 16, 21 (7) ( 463 SE2d 906 ) (1995) (same).
cited Cited as authority (rule) Stevenson v. State
Ga. Ct. App. · 1998 · confidence medium
Brewer v. State, 219 Ga. App. 16, 17 (1) ( 463 SE2d 906 ) (1995).
discussed Cited as authority (rule) McClarity v. State
Ga. Ct. App. · 1998 · confidence medium
NOTES [1] (Citations omitted.) Thaxton v. State, 260 Ga. 141, 142 (2), 390 S.E.2d 841 (1990). [2] Hayes v. State, 203 Ga.App. 143, 144 (2), 416 S.E.2d 347 (1992). [3] Mallory v. State, 225 Ga.App. 418, 422 (4), 483 S.E.2d 907 (1997). [4] Thaxton, supra, 260 Ga. at 142 (2), 390 S.E.2d 841 . [5] Davis v. State, 229 Ga.App. 787, 789 (2), 494 S.E.2d 702 (1997); see Smith v. State, 268 Ga. 42, 43 (3), 485 S.E.2d 189 (1997) (similar transaction issue waived if defendant fails to object at trial). [6] Harley-Davidson Motor Co. v. Daniel, 244 Ga. 284 , 260 S.E.2d 20 (1979); Stephens v. Dept. of Transp…
discussed Cited as authority (rule) Marshall v. State
Ga. Ct. App. · 1998 · confidence medium
See Cheeves v. State, 157 Ga. App. 566 (1) ( 278 SE2d 148 ) (1981) (facts that the backgrounds in some of the photographs in a photographic array were different, some of the photographs were slightly smaller than the others, the ages of the suspects were different, and several of the men depicted were wearing hats did not make array impermissibly suggestive); Brewer v. State, 219 Ga. App. 16, 20 (6) ( 463 SE2d 906 ) (1995) (defendant’s contention that shading and tone of his photograph in array made lineup impermissibly suggestive was without merit).
cited Cited as authority (rule) Cheney v. State
Ga. Ct. App. · 1998 · confidence medium
Improper reference tó a defendant’s silence, however, does not automatically require reversal.” (Citations and punctuation omitted.) Brewer v. State, 219 Ga. App. 16, 18 (4), 19 ( 463 SE2d 906 ).
discussed Cited as authority (rule) Horne v. State
Ga. Ct. App. · 1998 · confidence medium
Pope, P. J., and Ruffin, J., concur. 1 (Emphasis omitted.) 443 U. S. 307, 319 (99 SC 2781, 61 LE2d 560) (1979). 2 See OCGA §§ 16-2-20; 16-8-41 (a). 3 Moore v. State, 219 Ga. App. 818, 819 ( 467 SE2d 5 ) (1996); see Spear v. State, 228 Ga. App. 112 (1) ( 491 SE2d 164 ) (1997) (jury determines credibility of accomplice’s testimony). 4 (Citations and punctuation omitted.) Brown v. State, 188 Ga. App. 266 ( 372 SE2d 832 ) (1988); see Riley v. State, 268 Ga. 640 ( 491 SE2d 802 ) (1997); Blalock v. State, 250 Ga. 441, 443 (4) ( 298 SE2d 477 ) (1983). 5 Allen v. State, 224 Ga. App. 324, 325 (3) (…
cited Cited as authority (rule) Baker v. State
Ga. Ct. App. · 1998 · confidence medium
Brewer v. State, 219 Ga. App. 16, 19 (4) ( 463 SE2d 906 ) (1995). 4.
cited Cited as authority (rule) James v. State
Ga. Ct. App. · 1998 · confidence medium
Wilson v. State, 259 Ga. 55, 57 (4) ( 376 SE2d 676 ) (1989); Brewer v. State, 219 Ga. App. 16, 19 (4) ( 463 SE2d 906 ) (1995).
discussed Cited as authority (rule) Boyd v. State
Ga. Ct. App. · 1998 · confidence medium
Viewed with all inferences in favor of the jury’s verdict, Brewer v. State, 219 Ga. App. 16, 17 (1) ( 463 SE2d 906 ) (1995), the evidence was that law enforcement had been conducting undercover operations for illegal drug sales and Denson was investigating the Walthourville Seafood Deli.
cited Cited as authority (rule) Biggins v. State
Ga. Ct. App. · 1997 · confidence medium
Brewer v. State, 219 Ga. App. 16, 18 (3) ( 463 SE2d 906 ).
cited Cited as authority (rule) Wright v. State
Ga. Ct. App. · 1997 · confidence medium
(Punctuation and emphasis omitted.) Brewer v. State, 219 Ga. App. 16, 20 (6) ( 463 SE2d 906 ) (1995). 3.
discussed Cited as authority (rule) Thomas v. State
Ga. · 1997 · confidence medium
Earnest v. State, supra at 496-497 (5); Scott v. State, 223 Ga. App. 479, 483 (2) (c) ( 477 SE2d 901 ) (1996); Foster v. State, 222 Ga. App. *140 239 ( 474 SE2d 38 ) (1996); Brewer v. State, 219 Ga. App. 16, 21 (7) ( 463 SE2d 906 ) (1995); Green v. State, 218 Ga. App. 648, 650 (3) (b) ( 463 SE2d 133 ) (1995).
cited Cited as authority (rule) Newton v. State
Ga. Ct. App. · 1997 · confidence medium
Brewer v. State, 219 Ga. App. 16, 19 (4) ( 463 SE2d 906 ) (1995).
discussed Cited as authority (rule) Smith v. State
Ga. Ct. App. · 1996 · confidence medium
(Cit.)” Searcy v. State, 236 Ga. 789, 790 ( 225 SE2d 311 ).’ Grier v. State, 218 Ga. App. 637 (1) ( 463 SE2d 130 ). ‘The testimony of a single witness is *888 generally sufficient to establish a fact.’ OCGA § 24-4-8.” Brewer v. State, 219 Ga. App. 16, 17 (1) ( 463 SE2d 906 ).
cited Cited as authority (rule) Penson v. State
Ga. Ct. App. · 1996 · confidence medium
Brewer v. State, 219 Ga. App. 16, 19 (4) ( 463 SE2d 906 ) (1995).
discussed Cited as authority (rule) Ferguson v. State
Ga. Ct. App. · 1996 · confidence medium
(Cit.)” Searcy v. State, 236 Ga. 789, 790 ( 225 SE2d 311 ).’ Grier v. State, 218 Ga. App. 637 (1) ( 463 SE2d 130 ). ‘The testimony of a single witness is generally sufficient to establish a fact.’ OCGA § 24-4-8.” Brewer v. State, 219 Ga. App. 16, 17 (1) ( 463 SE2d 906 ).
discussed Cited "see" Williams v. State (2×)
Ga. Ct. App. · 2003 · signal: accord · confidence high
Accord Jackson v. State, 243 Ga. App. 289, 293 (3) (h) ( 531 SE2d 747 ) (2000). 4 (Citations and punctuation omitted.) Jackson v. State, 209 Ga. App. 53, 54 (1) ( 432 SE2d 649 ) (1993). 5 Brewer v. State, 219 Ga. App. 16, 20 (6) ( 463 SE2d 906 ) (1995). 6 Whatley v. State, 266 Ga. 568, 569 (2) ( 468 SE2d 751 ) (1996); Pennymon v. State, 261 Ga. App. 450, 452 (3) ( 582 SE2d 582 ) (2003). 7 Williams v. State, 261 Ga. 640, 642 (2) (b) ( 409 SE2d 649 ) (1991). 8 Wayne v. State, 269 Ga. 36, 39 (3) ( 495 SE2d 34 ) (1998). 9 (Citation and punctuation omitted.) Brooks v. State, 230 Ga. App. 846, 847 (…
discussed Cited "see" Rutledge v. State (2×)
Ga. Ct. App. · 1999 · signal: see · confidence high
See Brewer v. State, 219 Ga. App. 16, 18 (2) ( 463 SE2d 906 ) (1995); Slaughter v. State, 217 Ga. App. 449, 450 (1) ( 459 SE2d 168 ) (1995). 4.
cited Cited "see" Rutledge v. State
Ga. Ct. App. · 1999 · signal: see · confidence high
See Brewer v. State, 219 Ga.App. 16, 18 (2), 463 *5 S.E.2d 906 (1995); Slaughter v. State, 217 Ga.App. 449, 450 (1), 459 S.E.2d 168 (1995). 4.
discussed Cited "see" Ford v. State (2×)
Ga. Ct. App. · 1998 · signal: see · confidence high
See Brewer v. State, 219 Ga. App. 16, 17 (1) ( 463 SE2d 906 ) (1995).
discussed Cited "see" Whitaker v. State (2×)
Ga. · 1998 · signal: see · confidence high
See Brewer v. State, 219 Ga. App. 16 (6) ( 463 SE2d 906 ) (1995); Graham v. State, 171 Ga. App. 242 (11) ( 319 SE2d 484 ) (1984).
examined Cited "see" In the Interest of D. T. C. (3×)
Ga. Ct. App. · 1997 · signal: see · confidence high
See Brewer v. State, 219 Ga. App. 16, 18 (3) ( 463 SE2d 906 ).
discussed Cited "see, e.g." Timothy John Wilson, Jr. v. State (2×)
Ga. Ct. App. · 2020 · signal: see also · confidence medium
The SANE nurse further 2 See Jackson v. Virginia, 443 U. S. 307, 319 (III) (B) ( 99 SCt 2781 , 61 LE2d 560) (1979); see also Brewer v. State, 219 Ga. App. 16, 17 (1) ( 463 SE2d 906 ) (1995). 2 explained that both of these conditions could be indicative of some kind of sexual activity.
discussed Cited "see, e.g." Graham v. State (2×)
Ga. Ct. App. · 2004 · signal: see, e.g. · confidence medium
See, e.g., Brewer v. State, 219 Ga. App. 16, 18 (2) ( 463 SE2d 906 ) (1995). 3.
examined Cited "see, e.g." Horton v. State (3×)
Ga. Ct. App. · 2004 · signal: see also · confidence medium
J., and Phipps, J., concur. 1 Cockrell v. State, 248 Ga. App. 359 (1) ( 545 SE2d 600 ) (2001). 2 Odett v. State, 273 Ga. 353 -354 (1) ( 541 SE2d 29 ) (2001). 3 Parnell v. State, 260 Ga. App. 213, 218 (6) ( 581 SE2d 263 ) (2003). 4 Hawes v. State, 240 Ga. 327, 333 (7) ( 240 SE2d 833 ) (1977); Turner v. State, 178 Ga. App. 888 (1) (a) ( 345 SE2d 99 ) (1986). 5 Fluellen v. State, 133 Ga. App. 10 (2) ( 209 SE2d 706 ) (1974). 6 (Citation and punctuation omitted.) Pike v. State, 265 Ga. App. 575, 577 (1) ( 594 SE2d 753 ) (2004); see also Presnell v. State, 274 Ga. 246, 252 (8) ( 551 SE2d 723 ) (2001…
discussed Cited "see, e.g." Thigpen v. Jaillett (2×)
Ga. Ct. App. · 2004 · signal: see, e.g. · confidence medium
See, e.g., Brewer v. State, 219 Ga. App. 16, 18 (2) ( 463 SE2d 906 ) (1995).
discussed Cited "see, e.g." Massey v. State (2×)
Ga. Ct. App. · 2004 · signal: see, e.g. · confidence medium
See, e.g., Brewer v. State, 219 Ga. App. 16, 18 (2) ( 463 SE2d 906 ) (1995). 2.
discussed Cited "see, e.g." Karim v. State (2×)
Ga. Ct. App. · 2000 · signal: see also · confidence medium
J, and Smith, P. J., concur. 1 Wingfield v. State, 229 Ga. App. 75, 79 (1) ( 493 SE2d 235 ) (1997). 2 See Maldonado v. State, 240 Ga. App. 497 (3) ( 523 SE2d 917 ) (1999). 3 Anderson v. State, 238 Ga. App. 866, 874 (5) ( 519 SE2d 463 ) (1999). 4 Thompson v. State, 240 Ga. App. 26, 31-32 (7) ( 521 SE2d 876 ) (1999). 5 Anderson v. State, supra, 238 Ga. App. at 874 (5). 6 394 U. S. 440 (89 SC 1127, 22 LE2d 402) (1969). 7 450 F2d 409, 412 (5th Cir. 1971). 8 198 Ga. App. 449 (1) ( 402 SE2d 69 ) (1991); see also Taylor v. State, 203 Ga. App. 210, 211 (2) ( 416 SE2d 554 ) (1992). 9 Payne v. State, 23…
Brewer
v.
the State
A95A0944.
Court of Appeals of Georgia.
Oct 20, 1995.
463 S.E.2d 906
Peter D. Johnson, for appellant., Daniel J. Craig, District Attorney, Charles R. Sheppard, Assistant District Attorney, for appellee.
McMurray, Andrews, Blackburn.
Cited by 58 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: bottom 91%
Citer courts: Court of Appeals of Georgia (2)
McMurray, Presiding Judge.

Defendant was charged in an indictment with child molestation and burglary. The evidence adduced at his jury trial showed that Investigator Sergeant Richard O. McCann, Jr. of the Richmond County Sheriffs Office was dispatched to 1801 Harcourt Drive “in reference to a burglary, possible criminal attempt rape.” There, the 12-year-old victim “described the suspect as a white male, late twenties, fairly heavy, brownish blonde, or golden hair down to his shoulders.” This description was corroborated by 12-year-old Tabatha Grooms. Each girl examined a six-person photographic lineup and “identified the picture [of defendant].”

The victim testified that while she was spending the night with her friend, Tabatha Grooms, “Tabatha just happen [sic] to glance at the window and she calmly said, she said, ‘There’s a man at my window,’ and we didn’t panic or anything, we just went under the covers.” This man “was wearing glasses and he had sort of a light brown, brown colored hair. . . .” He “had his hands cupped towards the window [about a minute or two] . . . and then he went away, he just walked away. . . .” The girls “had the curtains opened and the street[*17] light was shining in and it lit up the room pretty much.” The victim was hiding “under the covers but [she] could see through and [she] said, ‘Oh Tabatha, he’s here again.’ ” The girls “didn’t hear a [front] door open [. . . but] heard the noise of Tabatha’s sister’s door, . . . cause it makes a popping noise and then it creaks open. . . .” “And then he opened our door [but just. . .] a little bit and then he would wait a little bit and then open it more then he came in[.]” The victim “heard something jingling, a belt or something, and then he pulled the covers off of me and then he laid on top of me.” The perpetrator said to the victim, “ ‘If you scream, talk, or move, I’ll kill you.’ Tabatha heard this, too.” The victim “looked over at Tabatha real quick and then . . . looked back at him and then [she] just started screaming and . . . kicking and then he jumped up and . . . ran out.” The victim affirmed that “he was naked from the waist down,” when he got on top of her. She also affirmed that “the person that was laying on top of [her was] the same person that [she] saw in the window” and identified defendant in court as that person. Tabatha Grooms also testified to these events, adding that, after the perpetrator jumped up from her bed, she “heard a rustle like . . . when you put on clothes.” Tabatha Grooms was certain defendant was the perpetrator, “because when I saw him, . . . this had never happened to me before, and then I got his face, it was like burned in, . . . I’ll never forget it.”

The jury found defendant guilty of both charges. The judgment of conviction and sentences were entered on March 4, 1993. New counsel was appointed on behalf of defendant, and permission was granted to file an out-of-time motion for new trial. That motion was denied, and this appeal followed. Held:

1. Defendant’s first two enumerations raise the general grounds. “On appeal from a criminal conviction, the evidence must be viewed in the light most favorable to the verdict, and the [defendant] no longer enjoys the presumption of innocence; moreover, an appellate court does not weigh the evidence or determine witness credibility but only determines whether the evidence is sufficient under the standard of Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560). Howard v. State, 261 Ga. 251, 252 (403 SE2d 204); King v. State, 213 Ga. App. 268, 269 (444 SE2d 381).” Dolphus v. State, 218 Ga. App. 565 (462 SE2d 453). “ ‘Conflicts in the testimony of the witnesses, including the (S)tate’s witnesses, is a matter of credibility for the jury to resolve. (Cits.) As long as there is some (competent) evidence, even though contradicted, to support each fact necessary to make out the (S)tate’s case, the jury’s verdict will be upheld. (Cit.)’ Searcy v. State, 236 Ga. 789, 790 (225 SE2d 311).” Grier v. State, 218 Ga. App. 637 (1) (463 SE2d 130). “The testimony of a single witness is generally sufficient to establish a fact.” OCGA § 24-4-8. Thus,[*18] although defendant in the case sub judice testified in his own defense that he was nowhere near the scene because his 1979 Monte Carlo automobile ran out of gas at Willis Foreman Road, the eyewitness evidence from the two girls is sufficient to establish identity. The jury was authorized to infer “from the fact that defendant exposed himself to a child that he had the intent to arouse or satisfy his sexual desires.” Andrew v. State, 216 Ga. App. 427, 428 (454 SE2d 542). It follows that defendant unlawfully entered the residence with felonious intent. Consequently, the evidence is sufficient under the standard of Jackson v. Virginia, 443 U. S. 307, supra, to authorize the jury’s verdict that defendant is guilty, beyond a reasonable doubt, of the burglary and child molestation as alleged in the indictment.

2. In his third enumeration, defendant contends the trial court erred in allowing the introduction of State’s Exhibit 2, the photographic lineup, arguing that, because his photograph contains the signatures of the victim and Tabatha Grooms on the back, they constitute “continuing witnesses.” This contention is controlled adversely to defendant and is consequently without merit. Allison v. State, 213 Ga. App. 195, 196-197 (2) (444 SE2d 347); Parks v. State, 199 Ga. App. 736, 738 (2) (406 SE2d 229). Moreover, it appears that this specific objection has been waived for failure to object at trial. Walker v. State, 216 Ga. App. 236, 237 (2) (454 SE2d 156).

3. In a similar vein, defendant contends that the photographic lineup that is State’s Exhibit 2 amounts to impermissible character evidence of extrinsic criminal acts, because defendant’s photograph is signed or initialed by two additional persons on the date “8/13/92,” i.e., two days after the victim and Tabatha Grooms selected defendant’s photograph. Although the better practice, by far, is for the State’s Attorney to redact such arguable indications of extrinsic crimes on its own initiative, we hold that the grounds urged in this enumeration have not been preserved for appellate review. This exhibit was admitted with “[n]o objection” at trial. “Where an objection to evidence ‘ “is raised (for the first time) in a motion for new trial or before this court, nothing is presented for review. . . . (Cits.)” (Cit.)’ Fitzgerald v. State, 193 Ga. App. 76, 77 (5) (386 SE2d 914) (1989).” Jackson v. State, 209 Ga. App. 53, 55 (5) (432 SE2d 649).

4. The fifth enumeration contends the trial court erred in failing to grant a mistrial after an alleged comment on defendant’s right to remain silent. The transcript shows the following transpired: “[STATE’S ATTORNEY:] All right, what did you do after the girls identified the Defendant from the photo lineup? [SERGEANT INVESTIGATOR McCANN:] An arrest warrant was issued to [defendant]. [STATE’S ATTORNEY:] Do you have any further involvement with the case after this? [SERGEANT INVESTIGATOR McCANN:] None other than the fact that he was arrested and after being[*19] Mirandized by myself and Investigator Hatfield, he requested an attorney. [STATE’S ATTORNEY:] Okay, thank you, I have no further questions at this time.” Thereafter, defense counsel began cross-examination of Sergeant Investigator McCann, without moving for a mistrial or requesting any curative instructions.

“ ‘Evidence as to silence on the part of the defendant at the time of his arrest should be excluded when objected to, for he is then entitled to remain silent, and the prosecution may not use against him the fact that he stood mute or claimed his privilege. (Cit.)’ Reid v. State, 129 Ga. App. 660, 664 (5) (200 SE2d 456). ‘Improper reference to a defendant’s silence, however, does not automatically require reversal. (Cits.)’ Hill v. State, 250 Ga. 277, 283 (4a) (295 SE2d 518).” Sims v. State, 213 Ga. App. 151, 152 (2) (444 SE2d 121). “ ‘A mistrial will not lie where [, as in the case sub judice,] the evidence is admitted without objection. (Cit.)’ McCormick v. State, 152 Ga. App. 14, 15 (2) (262 SE2d 173) (1979). See also Bennett v. State, 165 Ga. App. 600, 601 (3) (302 SE2d 367) (1983).” Peoples v. State, 184 Ga. App. 439 (2), 440 (361 SE2d 848). Since defendant made no contemporaneous motion for mistrial at the time the comments were given, any valid objection thereto “ ‘will be considered as waived because of the delay in making it. (Cits.)’ Dye v. State, 177 Ga. App. 824, 825 (341 SE2d 314) (1986).” Peoples v. State, 184 Ga. App. 439 (2), 440, supra.

5. Defendant next contends the trial court erred in failing to give his written request to charge on criminal trespass as a lesser offense included in the indicted offense of burglary. The State replies in its brief that no such instruction was necessary because, “ ‘[w]here the uncontradicted evidence shows completion of the greater offense, the charge on the lesser offense is not required.’ Lemon v. State, 161 Ga. App. 692, 289 SE2d 789 (1982).”

“ ‘In State v. Alvarado, 260 Ga. 563, 564 (397 SE2d 550), the Georgia Supreme Court expressly disapproved of that line of authority which had held that a lesser-included offense need not be charged unless the evidence showed that the defendant was guilty only of the lesser crime, and held that “the correct rule is that a written request to charge a lesser included offense must always be given if there is any evidence that the defendant is guilty of the lesser offense.” (Emphasis supplied.)’ Galbreath v. State, 213 Ga. App. 80, 81 (1) (443 SE2d 664).” King v. State, 214 Ga. App. 311, 312 (2) (447 SE2d 645). In the case sub judice, however, defendant’s evidence of alibi does not reasonably raise the inference that he unlawfully entered the home with a less culpable mental state of mind than the felonious intent of a burglar as charged in the indictment. OCGA § 16-1-6 (1). See also Sloan v. State, 214 Ga. App. 784, 786 (3) (449 SE2d 328).

6. In the seventh enumeration, defendant contends the trial court erred in denying his pretrial motion to suppress identification testi[*20] mony based upon the photographic lineup. He argues the photographic lineup was impermissibly suggestive because “the picture tone of his photograph in the six-person array was demonstrably lighter than the other five persons.” He further claims that the in-court identification process was “tainted because a police officer told the two [girls . . .] that they had chosen the Defendant and that he would be arrested.”

Convictions based on eyewitness identification at trial following a pretrial identification by photograph will be set aside only if the photographic identification procedure was so impermissibly suggestive as to give rise to a very substantial likelihood of misidentification. McCoy v. State, 237 Ga. 62, 63 (226 SE2d 594). The test of a photographic array involves “a two-step inquiry: (1) whether there was an impermissibly suggestive photographic identification procedure, and (2) if so, whether under the totality of the circumstances this resulted in a substantial likelihood of irreparable misidentification.” (Citations and punctuation omitted.) Jackson v. State, 209 Ga. App. 53 (1), 54, supra. We have examined the array which is included in the record and find the persons there depicted to be of roughly similar age and appearance. The witnesses independently identified defendant’s photograph as the perpetrator out of the immediate presence of the other and without being coached by the police. The contention that the shading and tone of defendant’s photograph made this photographic identification procedure unduly suggestive is without merit. Cheeves v. State, 157 Ga. App. 566 (1) (278 SE2d 148). “Since the pre-indictment lineup procedures were not impermissibly suggestive, so as to lead the witnesses to an ‘all but inevitable’ identification of [defendant], he has failed to establish even the first prong of the relevant inquiry. Sparks v. State, [185 Ga. App. 225, 226 (2) (363 SE2d 631)]. The trial court did not err in denying the motion to exclude from evidence the eyewitness identification testimony. Newkirk v. State, 155 Ga. App. 470, 472 (2) (270 SE2d 917) (1980).” Jackson v. State, 209 Ga. App. 53 (1), 54, supra. The additional argument that the in-court identification of defendant is tainted by Sergeant Investigator McCann’s statement to the victim “[r]ight after [her] interview, . . . that he [defendant] had been arrested for this,” is not reasonably encompassed within the error as enumerated. Consequently, it cannot be considered. Stanley v. State, 195 Ga. App. 706, 707 (2) (394 SE2d 785).

7. Defendant’s final enumeration contends he was denied effective assistance of counsel, because trial counsel “failed to object to the admissibility of State’s Exhibit 2, the photograph of [defendant], which effectively implicated him in other crimes.”

“To succeed on an ineffective assistance of counsel claim, [defendant] must show that trial counsel’s performance was deficient and[*21] that it prejudiced [the defense] so as to deprive [the accused] of a fair trial. [Cit.] There is a strong presumption that trial counsel’s performance ‘falls within the wide range of reasonable professional assistance’ and that any challenged action ‘ “might be considered sound trial strategy.” ’ [Cit.]” Earnest v. State, 262 Ga. 494, 496 (5) (422 SE2d 188).

Decided October 20, 1995 Reconsideration denied November 6, 1995. Peter D. Johnson, for appellant. Daniel J. Craig, District Attorney, Charles R. Sheppard, Assistant District Attorney, for appellee.

There is no transcript of any evidentiary hearing on this special ground for new trial, and the trial court’s order denying the motions recites only that the “amended motion for new trial having been presented to the Court for consideration, the same is hereby DENIED.” In support of defendant’s amended motion for new trial, appellate counsel never summoned trial counsel to testify and explain or justify trial counsel’s failure to object to the extraneous signatures on the back of defendant’s photograph in the police photographic lineup.

“[T]he acknowledged constitutional right to assistance of counsel guarantees ‘not errorless counsel, and not counsel judged ineffective by hindsight, but counsel reasonably likely to render and [actually] rendering reasonably effective assistance.’ MacKenna v. Ellis, 280 F2d 592, 599 (5th Cir. 1960); Pitts v. Glass, 231 Ga. 638, 639 (203 SE2d 515) (1974).” (Emphasis omitted.) Johnson v. Zant, 249 Ga. 812 (1) (295 SE2d 63). “In the absence of [evidence] to the contrary, counsel’s actions are presumed strategic. Stanley v. Zant, 697 F2d 955 (11th Cir. 1983), cert. denied, 467 U. S. 1219 (1984).” Earnest v. State, 262 Ga. 494, 496 (5), supra. It is acceptable trial strategy to avoid drawing the jury’s attention to unfavorable matters, such as the pendency of other charges. In the case sub judice, the trial court was authorized to conclude that defendant had failed to overcome the strong presumption that the assistance actually rendered fell within that broad range of reasonably effective assistance that members of the bar in good standing are presumed to render. Shaw v. State, 211 Ga. App. 647, 649 (2) (440 SE2d 245).

Judgment affirmed.

Andrews and Blackburn, JJ., concur.