STATE v. WILLINGHAM (1997)

District Court of Appeal of Florida,Fourth District.

STATE of Florida, Petitioner, v. Charles WILLINGHAM, Respondent.

No. 97-0537.

Decided: March 19, 1997

Robert A. Butterworth, Attorney General, Tallahassee, and Sarah B. Mayer, Assistant Attorney General, West Palm Beach, for petitioner. No appearance for respondent.

We grant the state's petition for writ of certiorari and quash the order granting the defendant's motion to require the victim to participate in a pretrial line up identification. The victim of a crime cannot be compelled to appear at live lineup and identify the person who committed offenses in absence of compelling reasons. State v. Ray, 604 So.2d 1249 (Fla. 4th DCA), rev. denied, 613 So.2d 8 (Fla.1992). We agree with the state that the record does not disclose circumstances that would warrant a lineup in this case.

PER CURIAM.

GLICKSTEIN, POLEN and SHAHOOD, JJ., concur.

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