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Jones v. State

The trial court did not err in denying the defendant's motion to suppress his identification in a photo line-up, because the photo array did not present an all but inevitable identification of defendant.

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Following a jury trial, Tyrone A. Jones, pro se, appeals his conviction of burglary,1 contending that the trial court erred by 1 denying his motion to suppress his identification in a photo lineup, 2 finding that he properly waived his right to counsel at trial, and 3 denying his motion for new trial based on an ineffective assistance of counsel claim. Discerning no error, we affirm. Construed in favor of the verdict,2 the evidence shows that a woman returned to her apartment after work as a morning television director and found her door open and her belongings in disarray. Upon entering, she heard water running in her bathroom and discovered Jones, whom she had never met, showering. The woman called 911, and, despite her attempt to keep him in the apartment, Jones escaped with some of her belongings, including electronics, a backpack, and a diamond ring. The woman got a “good look” at Jones during the encounter and was able to describe Jones to the 911 operator as Jones fled toward a nearby building.

The next day, police received information from a work crew in the nearby building that apparently stolen items were inside a vacant apartment. Police investigated and discovered most of the woman’s stolen belongings, including luggage with her name on it, mixed in with Jones’s driver’s license.

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