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BAYNHAM v. STATE

No. 4D05-1566.

937 So.2d 1195 (2006)

Tilbert BAYNHAM, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 18, 2006.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Richard B. Greene, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Heidi L. Bettendorf, Assistant Attorney General, West Palm Beach, for appellee.

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....

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