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Daniels v. State

The Court of Appeals affirmed the defendant's convictions for aggravated assault, false imprisonment and firearms offenses.

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Following a jury trial, Freeman Daniels was convicted of aggravated assault, false imprisonment, possession of a firearm during the commission of a crime, and possession of a firearm by a convicted felon. On appeal, Daniels contends that the trial court erred 1 in failing to appoint him counsel prior to the date of trial, 2 in denying his motions for continuance and for withdrawal of his demand for a speedy trial, 3 in sentencing him as a recidivist when the state allegedly served untimely notice of its intent to seek recidivist punishment, and 4 in denying his motion to suppress the pretrial identification evidence. Daniels further contends that his trial counsel provided ineffective assistance.1 We discern no error and affirm. Viewed in the light most favorable to the verdict,2 the evidence shows that the victim had been visiting a local park and was walking towards her car when she was confronted by Daniels, who asked her for a cigarette and also to use her cell phone. The victim complied with Daniels requests and continued walking towards her car. When the victim opened her car door, Daniels held a gun to her back and demanded that she get inside. The victim immediately got into the car after which Daniels grabbed her keys, started the car, and began to drive away from the park. The victim screamed and tried to get out of the car, but the doors were locked. Daniels pointed the gun at the victim’s head and threatened to kill her if she did not “shut up and be quiet.” Daniels also forcibly restrained the victim from getting out of the car.

Daniels asked the victim for money, but after the victim showed Daniels that she did not have any money in her possession, he let her out of the car and drove away.

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