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Criminal procedure — Motion to suppress evidence — Out-of-court identification

Jason Kyle Tibbs, (“Appellant”), was charged in a fifteen-count criminal information in the Circuit Court for Dorchester County, Maryland, for the attempted armed robbery and assault of Phillip Brooks, James Brode, and Victoria Diehle. Appellant was charged after Diehle discovered a photograph of Appellant on Facebook and identified him to the police as the assailant, using that photograph. On August 18, 2015, after the trial court denied Appellant’s motion to suppress the identification evidence, Appellant was tried by a jury.

The jury convicted Appellant of armed robbery of Brooks and Brode, first-degree assault of Brooks and Brode, seconddegree assault of Diehle, reckless endangerment of Brooks and Brode, use of a firearm in the commission of a felony or crime of violence, and possession of a handgun. The sentencing court ultimately merged the counts of first-degree assault, reckless endangerment, and possession of a handgun, but imposed a total of 50 years’ imprisonment for the outstanding convictions, which included a 20-year sentence for the use of a firearm in the commission of a felony or crime of violence conviction, to be served consecutively to the two armed robbery sentences. Appellant timely appealed to this Court …

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