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OLIVARIA v. STATE

No. A07A1271.

650 S.E.2d 422 (2007)

OLIVARIA v. The STATE.

Court of Appeals of Georgia.

July 30, 2007.

Attorney(s) appearing for the Case

Sharon L. Hopkins, Augusta, for Appellant.

Daniel J. Porter, Dist. Atty., Niria D. Baggett, Asst. Dist. Atty., for Appellee.

PHIPPS, Judge.

Donald Lee Olivaria appeals his convictions of sale of cocaine and giving a false name to a law enforcement officer. He contends that at his 2003 trial the court erred in instructing the jurors that, in assessing the reliability of eyewitness identification testimony, they could consider as a factor the level of certainty shown by the witness in making the identification. Before the trial of this case, Jones v. State1

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