Harrell v. State

District Court of Appeal of Florida

Harrell v. State

728 So. 2d 284, 1999 Fla. App. LEXIS 1281, 1999 WL 68907

CourtDistrict Court of Appeal of Florida

DecidedFebruary 10, 1999

DocketNo. 98-490

StatusPublished

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This text of 728 So. 2d 284 (Harrell 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.

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Harrell v. State, 728 So. 2d 284, 1999 Fla. App. LEXIS 1281, 1999 WL 68907 (Fla. Ct. App. 1999).

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Opinion

PER CURIAM.

We find no merit in the appellant’s argument that the show-up identification was defective. See Grant v. State, 390 So.2d 341 (Fla.1980). Notwithstanding the appellant’s argument to the contrary, the state’s evidence prior to the show-up identification was clearly sufficient to establish probable cause in support of the appellant’s arrest so that even if we were to find merit in the appellant’s argument, it would not taint the rest of the state’s evidence. See State v. DiGuilio, 491 So.2d 1129 (Fla.1986). See also State v. Cortez, 705 So.2d 676 (Fla. 3d DCA 1998).

Affirmed.

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PER CURIAM.

We find no merit in the appellant’s argument that the show-up identification was defective. See Grant v. State, 390 So.2d 341 (Fla.1980). Notwithstanding the appellant’s argument to the contrary, the state’s evidence prior to the show-up identification was clearly sufficient to establish probable cause in support of the appellant’s arrest so that even if we were to find merit in the appellant’s argument, it would not taint the rest of the state’s evidence. See State v. DiGuilio, 491 So.2d 1129 (Fla.1986). See also State v. Cortez, 705 So.2d 676 (Fla. 3d DCA 1998).

Affirmed.

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728 So. 2d 284, 1999 Fla. App. LEXIS 1281, 1999 WL 68907, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harrell-v-state-fladistctapp-1999.

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