Baynes v. State

McMurray, Presiding Judge.

Defendant Baynes appeals his conviction of aggravated assault. Held:

1. Defendant’s first enumeration of error complains of the denial of his motion to dismiss the indictment due to impermissibly suggestive pretrial identification methods. While the State correctly maintains that defendant did not seek the proper remedy in his motion, we note that the trial court conducted a hearing at which evidence was presented as to the factual circumstances related to the pretrial identification, and thus, we infer that the trial court has viewed defendant’s motion to be, in…