State v. Alvarez

District Court of Appeal of Florida

State v. Alvarez

557 So. 2d 681, 1990 Fla. App. LEXIS 1391, 1990 WL 20700

CourtDistrict Court of Appeal of Florida

DecidedMarch 6, 1990

DocketNo. 89-1710

StatusPublished

This text of 557 So. 2d 681 (State v. Alvarez) 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

State v. Alvarez, 557 So. 2d 681, 1990 Fla. App. LEXIS 1391, 1990 WL 20700 (Fla. Ct. App. 1990).

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Opinion

PER CURIAM.

Appellant, State, appeals an order granting appellee, Alberto Alvarez’s motion to suppress an eyewitness identification. We affirm the order of the trial court. We find the record supports the trial court’s ruling that the photographic display of Alvarez was unnecessarily suggestive and gave rise to a substantial likelihood of irreparable misidentification in violation of Alvarez’s due process rights under the federal and Florida Constitutions. See Manson v. Brathwaite, 432 U.S. 98, 97 S.Ct. 2243, 53 L.Ed.2d 140 (1977); Grant v. State, 390 So.2d 341 (Fla.1980), cert. denied, 451 U.S. 913, 101 S.Ct. 1987, 68 L.Ed.2d 303 (1981); Henry v. State, 519 So.2d 84 (Fla. 4th DCA 1988).

Affirmed.

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PER CURIAM.

Appellant, State, appeals an order granting appellee, Alberto Alvarez’s motion to suppress an eyewitness identification. We affirm the order of the trial court. We find the record supports the trial court’s ruling that the photographic display of Alvarez was unnecessarily suggestive and gave rise to a substantial likelihood of irreparable misidentification in violation of Alvarez’s due process rights under the federal and Florida Constitutions. See Manson v. Brathwaite, 432 U.S. 98, 97 S.Ct. 2243, 53 L.Ed.2d 140 (1977); Grant v. State, 390 So.2d 341 (Fla.1980), cert. denied, 451 U.S. 913, 101 S.Ct. 1987, 68 L.Ed.2d 303 (1981); Henry v. State, 519 So.2d 84 (Fla. 4th DCA 1988).

Affirmed.

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557 So. 2d 681, 1990 Fla. App. LEXIS 1391, 1990 WL 20700, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-alvarez-fladistctapp-1990.

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