C. J. v. State

District Court of Appeal of Florida

C. J. v. State

347 So. 2d 714, 1977 Fla. App. LEXIS 16159

CourtDistrict Court of Appeal of Florida

DecidedJune 14, 1977

DocketNo. 76-990

StatusPublished

This text of 347 So. 2d 714 (C. J. v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

C. J. v. State, 347 So. 2d 714, 1977 Fla. App. LEXIS 16159 (Fla. Ct. App. 1977).

Pincite

Opinion

PER CURIAM.

Prior to a hearing on a petition for delinquency, the respondent filed a written motion, sworn to by his attorney, to suppress identification testimony of the victim of the alleged crime. The trial judge refused to accord the respondent a hearing on this motion prior to trial.

The motion was legally sufficient to allege an impermissible suggestion by the prosecuting attorney to the complaining witness as to the identification of the defendant. Therefore, the motion being legally sufficient, the trial judge should have accorded the defendant a hearing on this motion prior to trial of the cause. See: T. C. v. State, 336 So.2d 17 (Fla. 1st D.C.A. 1976).

Therefore, this matter is reversed and returned to the trial court for a new trial, at which time the defendant shall be accorded a pre-trial hearing on his motion to suppress.

Reversed and remanded, with directions.

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