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State v. Jones3/12/2001
ffense because it is a repetitive one). Accord State v. Oliver, supra.
In sum, we find no constitutional violation in application of the Two-Strikes law to Jones.
3. TELFAIRE CHARGE
Finally, Jones asserts the trial court erred in refusing his requested charge on identification pursuant to United States v. Telfaire, 469 F.2d 552 (D.C. Cir. 1972). We disagree.
In State v. Motes, 264 S.C. 317, 215 S.E.2d 190 (1975), this Court recognized that the court in Telfaire was dealing with the "one witness" identification rule, and the model instruction there was designed to focus the attention of the jury on the identification issue and minimize the risk of conviction through false or mistaken identification. See also State v. Simmons, 308 S.C. 80, 417 S.E.2d 92 (1992) (in single witness identification cases, court should instruct jury burden of proving identity of defendant rests with the state). The present case does not involve a single witness identification and, given the witnesses' degree of certainty, there appears very little likelihood of mistaken identification. We find a Telfaire charge was unnecessary.
Jones' remaining issue is affirmed pursuant to Rule 220(b)(1), SCACR and the following authorities: State v. Stewart, 275 S.C. 447, 272 S.E.2d 628 (1980); State v. Gambrell, 274 S.C. 587, 266 S.E.2d 78 (1980) (photographic and physical identifications reliable under totality of circumstances).
Jones' convictions and sentence are AFFIRMED.
TOAL, C.J., MOORE, BURNETT and PLEICONES, JJ., concur.
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