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PASCO v. STATE

No. A06A1157.

635 S.E.2d 269 (2006)

PASCO v. The STATE.

Court of Appeals of Georgia.

August 3, 2006.

Attorney(s) appearing for the Case

Linda Malveaux, Agis Bray III, Dougherty County Public Defender's Office, Albany, for Appellant.

Kenneth Hodges III, District Attorney, Gregory Edwards, Assistant District Attorney, for Appellee.

JOHNSON, Presiding Judge.

Alturo Juan Pasco appeals from his conviction for armed robbery. His sole argument is that the trial court, in giving the pattern charge on eyewitness identification, erroneously included language that one factor to be considered by the jury in assessing the reliability of the identification is the level of certainty shown by the witness about his or her identification. The state concedes that under the authority of Brodes v. State,

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