TILBERT BAYNHAM, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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WARNER, J.
Appealing from his conviction for carjacking and sentence of life imprisonment as a habitual violent felony offender, appellant, Tilbert Baynham, argues that the trial court: (1) erred in admitting a photograph of appellant in jail garb; (2) admitted a suggestive identification by the victim; and (3) sentenced him as a habitual violent felony offender in violation, of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). Each of these claims is meritless. As to the photograph, it was cropped so as to remove all indicia that Baynham was in jail garb. Therefore, there was no error. See Anderson v. State, 744 So. 2d 475 (Fla. 4th DCA 1999); Fuster v. State, 480 So. 2d 173 (Fla. 3d DCA 1985); D’Anna v. State, 453 So. 2d 151 (Fla. 1st DCA 1984). His claim that the identification was suggestive was already rejected by this court in the appeal of his first conviction. See Baynham v. State, 862 So. 2d 808, 810 (Fla. 4th DCA 2003). It is now the law of the case. See Schultz v. Schickedanz, 884 So. 2d 422, 424 (Fla. 4th DCA 2004). And, finally, we have previously rejected appellant’s Apprendi claim. See McBride v. State, 884 So. 2d 476 (Fla. 4th DCA 2004).
Affirmed.
KLEIN and GROSS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Soanes v. State, 31 So. 3d 914 (Fla. 4th DCA 2010)…affirm the conviction, but reverse the sentence and remand for resentencing. We find no error in the trial court’s admission of a photo array where the photo was cropped to remove all indicia that the defendant was in jail attire. Baynham v. State, 937 So. 2d 1195, 1196 (Fla. 4th DCA 2006). We also find no error in the state’s closing argument which the defendant claims effectively called him a “liar.” See Craig v. State, 510 So. 2d 857, 865 (Fla.1987) (“When counsel refers to a ... defendant as being a ‘liar…
Authorities Cited
- Apprendi v. New Jersey, 530 U.S. 466 (U.S. 2000)
- McBRIDE v. State, 884 So. 2d 476 (Fla. 4th DCA 2004)
- Watford v. State, 884 So. 2d 422 (Fla. 1st DCA 2004)
- D'Anna v. State, 453 So. 2d 151 (Fla. 1st DCA 1984)
- Schultz v. Waldemar K. Schickedanz, 884 So. 2d 422 (Fla. 4th DCA 2004)
- Fuster v. State, 480 So. 2d 173 (Fla. 3d DCA 1985)
- Anderson v. State, 744 So. 2d 475 (Fla. 4th DCA 1999)
- Tilbert Baynham v. State, 862 So. 2d 808 (Fla. 4th DCA 2003)