Blackwell v. State

944 So. 2d 538, 2006 Fla. App. LEXIS 21452, 2006 WL 3750135
District Court of Appeal of Florida·Decided December 22, 2006·No. No. 5D05-4441·Published·Cited by 1 cases

Opinion

PER CURIAM.

AFFIRMED. See Fitzpatrick v. State, 900 So.2d 495, 517-18 (Fla.2005) (holding that the test for suppression of an out-of-court identification is (i) whether the police used an unnecessarily suggestive procedure to obtain the out-of-court identification; and (ii) if so, considering all the circumstances, whether the suggestive procedure gave rise to a substantial likelihood of irreparable misidentifieation).

THOMPSON, ORFINGER and TORPY, JJ., concur.

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Blackwell v. State, 944 So. 2d 538, 2006 Fla. App. LEXIS 21452, 2006 WL 3750135 (Fla. Ct. App. 2006).

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