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STATE v. NORTON

No. A06A1440.

634 S.E.2d 810 (2006)

The STATE v. NORTON.

Court of Appeals of Georgia.

July 25, 2006.

Attorney(s) appearing for the Case

Donald Wilson, District Attorney, Minerva Blanchette and Craig Miller, Assistant District Attorneys, Cedartown, for The State.

H. Harold Chambers, Jr., Cedartown, for Norton.

BLACKBURN, Presiding Judge.

The State appeals the trial court's grant of Kenneth Ray Norton's motion to suppress a photographic lineup identification of Norton. Specifically, the State contends that the court failed to apply the correct legal test in determining the photographic identification's admissibility. For the reasons below, we agree.

While the trial court's findings as to disputed facts in a ruling on...

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