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TYREKE DELANTE BUTLER v. STATE OF MARYLAND

Criminal procedure — Motion to suppress evidence — Eyewitness identification

In 2016, a jury in the Circuit Court for St. Mary’s County convicted Tyreke D. Butler, appellant, of attempted first-degree murder, first-degree assault, use of a firearm in the commission of a felony, felon in possession of a firearm, prohibited person in possession of a firearm, conspiracy to commit first-degree assault, and conspiracy to induce a witness to testify falsely. He was acquitted of conspiracy to commit first degree assault. On August 30, 2016, appellant was sentenced to a total term of fifty years’ imprisonment.

On appeal, appellant raises two issues for our review, which we have rephrased slightly: 1. Did the circuit court properly deny appellant’s motion to suppress an eyewitness identification where the police used an impermissibly suggestive single photograph identification procedure? 2. Was the evidence presented sufficient to sustain appellant’s convictions?

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