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Taylor v. State

Any error in the photographic lineup identification procedure was harmless, because the defendant claimed that the victim misidentified him.

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A jury found Reonoppoliss Desdontate Taylor guilty of theft by extortion, theft by taking, and entering an automobile with the intent to commit a theft. The jury found Taylor not guilty of aggravated assault, armed robbery, false imprisonment, and kidnapping. For sentencing purposes, the trial court merged the convictions for theft by taking and entering an automobile into the conviction for theft by extortion. On appeal, Taylor claims that the evidence was insufficient to sustain his conviction for theft by extortion and that the trial court erred in denying his motion to suppress evidence of the victim’s identification of him in a photographic lineup. We find no error and affirm. On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict, and the defendant no longer enjoys the presumption of innocence.1 We do not weigh the evidence or determine the credibility of witnesses, but only determine if the evidence is sufficient for a rational trier of fact to find the defendant guilty of the charged offense beyond a reasonable doubt.2

So viewed, the evidence shows that on May 8, 2007, the victim approached Taylor in the parking lot of an electronics store and asked him if he would like to buy some speakers. The victim accompanied Taylor while he attempted to secure funds to make a purchase, but Taylor’s efforts were unsuccessful. The two men exchanged phone numbers and parted company.

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