Smith testified that, while he observed the individual across the street, his degree of attention was "100 percent because I couldn't believe that I was actually seeing this attempted break-in. So there's plenty of light right there at that particular part of Rutledge Avenue. And then we also have security lights on our building so that at the back of our building sort of shining into the street is yet another light source. And there is an overheard street light just right across on the same side of the street of the Prescription Center which illuminates that intersection.
The Prescription Pharmacy Center's twenty-four hour internal lights and its four external lights across the front of the store cast what Smith described as "certainly ample lighting so that you can see what is going on without any trouble." Regarding additional lighting, Smith stated: Well, they also have security lights on the right-hand side of the building which illuminate that entire side of the building. so that thought he wasĪlready in the process of taking things from inside that building." Smith testified that, while watching the individual reach through the broken window of the Prescription Pharmacy Center, he called 911 and gave a "blow-by-blow account to the operator who received phone call." Smith described to the operator "what was wearing, that he was on a bike, that he was headed the wrong way on Rutledge Avenue, the blue coat, the hat, the backpack that he had on." Smith indicated he "thought was stealing something from inside the Prescription Center because this white object was being brought from within out. At the Prescription Pharmacy Center approximately "three car lengths diagonally across the street" from his bedroom window, Smith "saw an individual straddling a bicycle at the front door of the Prescription Center, and this individual was finishing off the breaking of a large window pane to the right of the front door of the Prescription Center." Smith noticed that the individual was a black male wearing a light blue jacket and a black backpack. After getting out of bed and putting on his glasses, Smith looked out his second floor bedroom window to see the source of the noise. on January 30, 2001, Rolston Smith was sleeping in his downtown Charleston condominium when he was awakened by the sound of breaking glass. Brown appeals his conviction asserting the trial court erred in admitting the witness's identification of him. Hoisington, of Charleston, for Respondent.Īnthony Jerome Brown was convicted of second degree burglary. Richardson and Senior Assistant Attorney General Norman Mark Rapoport, all of Columbia and Solicitor Ralph E.
McIntosh, Assistant Deputy Attorney General Charles H. Assistant Appellate Defender Eleanor Duffy Cleary, of SC Office of Appellate Defense, of Columbia, for AppellantĪttorney General Henry Dargan McMaster, Chief Deputy Attorney General John W.
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