District Court of Appeal of Florida

The state's petition for writ of certiorari from a grant of a motion to suppress victims' in-court and pre-trial identifications in an aggravated assault with a firearm case is denied where, on the facts of the case, the trial court could properly conclude that it was unnecessarily suggestive for the victims to have been provided defendant-s name and resulting access to his photo on a website before having any opportunity to identify him, thus giving rise to a substantial likelihood of irreparable misidentification.

Appellate Information

• Decided 09/27/2006
• Published 09/27/2006

Judges

• STONE, J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Charles J. Crist, Jr., Attorney General, Tallahassee, and August A. Bonavita, Assistant Attorney General, West Palm Beach, for appellant.


• For Appellees:
  
• Carey Haughwout, Public Defender, and Dea Abramschmitt, Assistant Public Defender, West Palm Beach, for appellee.