final until disposition of timely filed motion for rehearing.
appeal from the Circuit Court for Miami-Dade County, Lower
Tribunal No. 12-19549 Andrea R. Wolfson, Judge.
Tisdale, in proper person.
Moody, Attorney General, and Magaly Rodriguez, Assistant
Attorney General, for appellee.
FERNANDEZ, MILLER, and GORDO, JJ.
Baxter Tisdale, challenges the lower tribunal's order
denying his motions for postconviction relief 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.
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.
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
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.
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
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.
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, ...