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Tisdale v. State

Florida Court of Appeals, Third District

October 30, 2019

Baxter Tisdale, Appellant,
v.
The State of Florida, Appellee.

         Not final until disposition of timely filed motion for rehearing.

          An appeal from the Circuit Court for Miami-Dade County, Lower Tribunal No. 12-19549 Andrea R. Wolfson, Judge.

          Baxter Tisdale, in proper person.

          Ashley Moody, Attorney General, and Magaly Rodriguez, Assistant Attorney General, for appellee.

          Before FERNANDEZ, MILLER, and GORDO, JJ.

          MILLER, J.

         Appellant, Baxter Tisdale, challenges the lower tribunal's order denying his motions for postconviction relief[1] under Florida Rule of Criminal Procedure 3.850 and for deoxyribonucleic acid ("DNA") testing under Florida Rule of Criminal Procedure 3.853. For the reasons set forth below, we discern no error and affirm.

         FACTS AND BACKGROUND

         In 1986, S.M., a correctional officer, was forced by an unknown male intruder to engage in vaginal and oral intercourse, at knifepoint, in her bedroom, in the presence of her seven-month-old son. The perpetrator threatened to kill the infant, and placed a pillow over S.M.'s face, before fleeing with purloined monies.

         Pursuant to the ensuing criminal probe, law enforcement officers collected cervical and vaginal swabs from S.M. The swabs yielded DNA, thus, forensic analysts created an offender profile in the Combined DNA Index System ("CODIS"). Nonetheless, for well over two decades, the case remained unsolved.

         On July 25, 2012, a state database of convicted offender and arrestee profiles yielded a candidate match to Tisdale. Subsequent investigation confirmed the preliminary results, and Tisdale was arrested and charged with one count of armed burglary with an assault or battery therein, in violation of sections 810.02(2)(a) and 775.087, Florida Statutes, and two counts of sexual battery while armed with a deadly weapon or firearm, or with the use of actual physical force likely to cause personal injury, in violation of sections 794.011(3) and 775.087, Florida Statutes.

         In 2013, the case proceeded to trial. The DNA evidence, consisting of expert findings conclusively opining that Tisdale was the source of the DNA harvested from S.M.'s bodily orifices, along with other inculpatory proof, was presented to the jury. A verdict of guilt was returned on all counts. However, soon after the verdict was announced, the lower tribunal declared a mistrial upon discovering that a clerical error caused the wrong juror to be seated on the venire.

         On September 27, 2013, Tisdale entered a negotiated plea of nolo contendere and was sentenced to a stipulated term of nine years of incarceration, concurrent on all counts. Tisdale was released from prison in 2016.

         On January 19, 2018, after launching a flurry of fruitless collateral attacks upon his judgment and sentence, Tisdale filed the instant motions in the lower court. He asserted a claim for "newly discovered" evidence, premised upon the failure of the trial court to properly inform him of Florida's sexual offender registration requirement, and further sought postconviction DNA testing pursuant to Florida Rule of Criminal Procedure 3.853, ...


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