BLACKWELL v. STATE

No. 5D05-4441.

944 So.2d 538 (2006)

Danny BLACKWELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

December 22, 2006.


Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Dee Ball, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Mary G. Jolley, Assistant Attorney General, Daytona Beach, for Appellee.


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 misidentification).

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